Rep. Ann Williams

Filed: 3/15/2013

 

 


 

 


 
09800HB3038ham001LRB098 07052 MRW 42691 a

1
AMENDMENT TO HOUSE BILL 3038

2    AMENDMENT NO. ______. Amend House Bill 3038 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 14-6 as follows:
 
6    (720 ILCS 5/14-6)  (from Ch. 38, par. 14-6)
7    Sec. 14-6. Civil remedies to injured parties. (1) Any or
8all parties to any conversation or electronic communication
9upon which eavesdropping is practiced contrary to this Article
10shall be entitled to the following remedies:
11    (a) To an injunction by the circuit court prohibiting
12further eavesdropping by the eavesdropper and by or on behalf
13of his principal, or either;
14    (b) To all actual damages against the eavesdropper or his
15principal or both;
16    (c) To any punitive damages which may be awarded by the

 

 

09800HB3038ham001- 2 -LRB098 07052 MRW 42691 a

1court or by a jury;
2    (d) To all actual damages against any landlord, owner or
3building operator, or any common carrier by wire who aids,
4abets, or knowingly permits the eavesdropping concerned;
5    (e) To any punitive damages which may be awarded by the
6court or by a jury against any landlord, owner or building
7operator, or common carrier by wire who aids, abets, or
8knowingly permits the eavesdropping concerned.
9    (2) No cause of action shall lie in any court against any
10common carrier by wire or its officers, agents or employees for
11providing information, assistance or facilities in accordance
12with the terms of a court order entered under Article 108A of
13the Code of Criminal Procedure of 1963.
14    (3) No civil claim, cause of action, or remedy shall lie
15against a parent, step-parent, guardian, or grandparent for
16eavesdropping of electronic communications through access to
17their minor's electronic accounts during that parent,
18step-parent, guardian, or grandparent's exercise of his or her
19parental rights to supervise, monitor, and control the
20activities of a minor in his or her care, custody, or control.
21This provision does not diminish the protections given to
22electronic accounts of a minor under any existing law other
23than this Article.
24(Source: P.A. 85-868.)".