SB 2136

Abstract

Amends the Criminal Code of 1961. Exempts from an eavesdropping violation, with prior notification to and verbal approval of the State's Attorney or his or her designee of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to an undercover conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a felony violation of the Illinois Controlled Substance Act, a felony violation of the Cannabis Control Act, or a felony violation of the Methamphetamine Control and Community Protection Act. Provides that whenever any wire, electronic, or oral communication has been intercepted as a result of this exception that is not related to felony violations of the Illinois Controlled Substance Act, felony violations of the Cannabis Control Act, or felony violations of the Methamphetamine Control and Community Protection Act and conspiracies related thereto, no part of the contents of the communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this State, or a political subdivision thereof if the disclosure of that information would be in violation of the Eavesdropping Article of the Code unless the violation involves a forcible felony. Provides that the Director of the State Police shall issue rules as are necessary concerning the use of devices, retention of recording media, and reports regarding their use.