HB3038 EnrolledLRB098 07052 MRW 37111 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 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
17court or by a jury;
18    (d) To all actual damages against any landlord, owner or
19building operator, or any common carrier by wire who aids,
20abets, or knowingly permits the eavesdropping concerned;
21    (e) To any punitive damages which may be awarded by the
22court or by a jury against any landlord, owner or building
23operator, or common carrier by wire who aids, abets, or



HB3038 Enrolled- 2 -LRB098 07052 MRW 37111 b

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