720 ILCS 5/14-3
§ 720 ILCS 5/14-3. Exemptions
Sec. 14-3. Exemptions. The following activities shall be exempt from the provisions of this Article:
(a)
Listening to radio, wireless and television communications of any sort where the same are publicly made;
(b)
Hearing conversation when heard by employees of any common carrier by wire incidental to the normal course
of their employment in the operation, maintenance or repair of the equipment of such common carrier by wire so
long as no information obtained thereby is used or divulged by the hearer;
(c)
Any broadcast by radio, television or otherwise whether it be a broadcast or recorded for the purpose of
later broadcasts of any function where the public is in attendance and the conversations are overheard
incidental to the main purpose for which such broadcasts are then being made;
(d)
Recording or listening with the aid of any device to any emergency communication made in the normal course
of operations by any federal, state or local law enforcement agency or institutions dealing in emergency
services, including, but not limited to, hospitals, clinics, ambulance services, fire fighting agencies, any
public utility, emergency repair facility, civilian defense establishment or military installation;
(e)
Recording the proceedings of any meeting required to be open by the Open Meetings Act, as amended [5 ILCS
120/1 et seq.];
(f)
Recording or listening with the aid of any device to incoming telephone calls of phone lines publicly
listed or advertised as consumer "hotlines" by manufacturers or retailers of food and drug products. Such
recordings must be destroyed, erased or turned over to local law enforcement authorities within 24 hours from
the time of such recording and shall not be otherwise disseminated. Failure on the part of the individual or
business operating any such recording or listening device to comply with the requirements of this subsection
shall eliminate any civil or criminal immunity conferred upon that individual or business by the operation of
this Section;
(g)
With prior notification to the State's Attorney of the county in which it is to occur, recording or
listening with the aid of any device to any conversation where a law enforcement officer, or any person acting
at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted
or recorded under circumstances where the use of the device is necessary for the protection of the law
enforcement officer or any person acting at the direction of law enforcement, in the course of an
investigation of a forcible felony, a felony violation of the Illinois Controlled Substances Act [720 ILCS
570/100 et seq.], a felony violation of the Cannabis Control Act [720 ILCS 550/1 et seq.], or any "streetgang
related" or "gang-related" felony as those terms are defined in the Illinois Streetgang Terrorism Omnibus
Prevention Act [740 ILCS 147/1 et seq.]. Any recording or evidence derived as the result of this exemption
shall be inadmissible in any proceeding, criminal, civil or administrative, except (i) where a party to the
conversation suffers great bodily injury or is killed during such conversation, or (ii) when used as direct
impeachment of a witness concerning matters contained in the interception or recording. The Director of the
Department of State Police shall issue regulations as are necessary concerning the use of devices, retention
of tape recordings, and reports regarding their use;
(g-5) With approval of the State's Attorney of the county in which it is to occur, recording or listening with
the aid of any device to any conversation where a law enforcement officer, or any person acting at the
direction of law enforcement, is a party to the conversation and has consented to it being intercepted or
recorded in the course of an investigation of any offense defined in Article 29D of this Code [720 ILCS
5/29D-5 et seq.]. In all such cases, an application for an order approving the previous or continuing use of
an eavesdropping device must be made within 48 hours of the commencement of such use. In the absence of such
an order, or upon its denial, any continuing use shall immediately terminate. The Director of State Police
shall issue rules as are necessary concerning the use of devices, retention of tape recordings, and reports
regarding their use.
Any recording or evidence obtained or derived in the course of an investigation of any offense defined in
Article 29D of this Code [720 ILCS 5/29D-5 et seq.] shall, upon motion of the State's Attorney or Attorney
General prosecuting any violation of Article 29D [720 ILCS 5/29D-5 et seq.], be reviewed in camera with notice
to all parties present by the court presiding over the criminal case, and, if ruled by the court to be
relevant and otherwise admissible, it shall be admissible at the trial of the criminal case.
This subsection (g-5) is inoperative on and after January 1, 2005. No conversations recorded or monitored
pursuant to this subsection (g-5) shall be inadmissable in a court of law by virtue of the repeal of this
subsection (g-5) on January 1, 2005.
(h)
Recordings made simultaneously with a video recording of an oral conversation between a peace officer, who
has identified his or her office, and a person stopped for an investigation of an offense under the Illinois
Vehicle Code [625 ILCS 5/1-100 et seq.];
(i)
Recording of a conversation made by or at the request of a person, not a law enforcement officer or agent
of a law enforcement officer, who is a party to the conversation, under reasonable suspicion that another
party to the conversation is committing, is about to commit, or has committed a criminal offense against the
person or a member of his or her immediate household, and there is reason to believe that evidence of the
criminal offense may be obtained by the recording;
(j)
The use of a telephone monitoring device by either (1) a corporation or other business entity engaged in
marketing or opinion research or (2) a corporation or other business entity engaged in telephone solicitation,
as defined in this subsection, to record or listen to oral telephone solicitation conversations or marketing
or opinion research conversations by an employee of the corporation or other business entity when:
(i)
the monitoring is used for the purpose of service quality control of marketing or opinion research or
telephone solicitation, the education or training of employees or contractors engaged in marketing or opinion
research or telephone solicitation, or internal research related to marketing or opinion research or telephone
solicitation; and
(ii)
the monitoring is used with the consent of at least one person who is an active party to the marketing
or opinion research conversation or telephone solicitation conversation being monitored.
No communication or conversation or any part, portion, or aspect of the communication or conversation made,
acquired, or obtained, directly or indirectly, under this exemption (j), may be, directly or indirectly,
furnished to any law enforcement officer, agency, or official for any purpose or used in any inquiry or
investigation, or used, directly or indirectly, in any administrative, judicial, or other proceeding, or
divulged to any third party.
When recording or listening authorized by this subsection (j) on telephone lines used for marketing or
opinion research or telephone solicitation purposes results in recording or listening to a conversation that
does not relate to marketing or opinion research or telephone solicitation; the person recording or listening
shall, immediately upon determining that the conversation does not relate to marketing or opinion research or
telephone solicitation, terminate the recording or listening and destroy any such recording as soon as is
practicable.
Business entities that use a telephone monitoring or telephone recording system pursuant to this exemption
(j) shall provide current and prospective employees with notice that the monitoring or recordings may occur
during the course of their employment. The notice shall include prominent signage notification within the
workplace.
Business entities that use a telephone monitoring or telephone recording system pursuant to this exemption
(j) shall provide their employees or agents with access to personal-only telephone lines which may be pay
telephones, that are not subject to telephone monitoring or telephone recording.
For the purposes of this subsection (j), "telephone solicitation" means a communication through the use of a
telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or services;
(iii)
assisting in the use of goods or services; or
(iv)
engaging in the solicitation, administration, or collection of bank or retail credit accounts.
For the purposes of this subsection (j), "marketing or opinion research" means a marketing or opinion
research interview conducted by a live telephone interviewer engaged by a corporation or other business entity
whose principal business is the design, conduct, and analysis of polls and surveys measuring the opinions,
attitudes, and responses of respondents toward products and services, or social or political issues, or both;
and
(k)
Electronic recordings, including but not limited to, a motion picture, videotape, digital, or other visual
or audio recording, made of a custodial interrogation of an individual at a police station or other place of
detention by a law enforcement officer under Section 5-401.5 of the Juvenile Court Act of 1987 or Section
103-2.1 of the Code of Criminal Procedure of 1963
CRIMINAL CODE OF 1961
PART D. OFFENSES AFFECTING PUBLIC HEALTH, SAFETY AND DECENCY
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