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91_HB0526ren
HB0526 Re-Enrolled LRB9102239RCks
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 14-1 and 14-2 and by renumbering and
6 changing Section 14.4 as follows:
7 (720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
8 Sec. 14-1. Definition.
9 (a) Eavesdropping device.
10 An eavesdropping device is any device capable of being
11 used to hear or record oral conversation or intercept,
12 retain, or transcribe electronic communications whether such
13 conversation or electronic communication is conducted in
14 person, by telephone, or by any other means; Provided,
15 however, that this definition shall not include devices used
16 for the restoration of the deaf or hard-of-hearing to normal
17 or partial hearing.
18 (b) Eavesdropper.
19 An eavesdropper is any person, including law enforcement
20 officers, who is a principal, as defined in this Article, or
21 who operates or participates in the operation of any
22 eavesdropping device contrary to the provisions of this
23 Article.
24 (c) Principal.
25 A principal is any person who:
26 (1) Knowingly employs another who illegally uses an
27 eavesdropping device in the course of such employment; or
28 (2) Knowingly derives any benefit or information
29 from the illegal use of an eavesdropping device by
30 another; or
31 (3) Directs another to use an eavesdropping device
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1 illegally on his behalf.
2 (d) Conversation.
3 For the purposes of this Article, the term conversation
4 means any oral communication between 2 or more persons
5 regardless of whether one or more of the parties intended
6 their communication to be of a private nature under
7 circumstances justifying that expectation.
8 (e) Electronic communication.
9 For purposes of this Article, the term electronic
10 communication means any transfer of signs, signals, writing,
11 images, sounds, data, or intelligence of any nature
12 transmitted in whole or part by a wire, radio, pager,
13 computer, electromagnetic, photo electronic or photo optical
14 system, where the sending and receiving parties intend the
15 electronic communication to be private and the interception,
16 recording, or transcription of the electronic communication
17 is accomplished by a device in a surreptitious manner
18 contrary to the provisions of this Article. Electronic
19 communication does not include any communication from a
20 tracking device.
21 (Source: P.A. 88-677, eff. 12-15-94.)
22 (720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
23 Sec. 14-2. Elements of the offense; affirmative defense.
24 (a) A person commits eavesdropping when he:
25 (1) (a) Knowingly and intentionally uses an
26 eavesdropping device for the purpose of hearing or
27 recording to hear or record all or any part of any
28 conversation or intercepts, retains, or transcribes
29 electronic communication unless he does so (A) (1) with
30 the consent of all of the parties to such conversation or
31 electronic communication or (B) (2) in accordance with
32 Article 108A or Article 108B of the "Code of Criminal
33 Procedure of 1963", approved August 14, 1963, as amended;
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1 or
2 (2) Manufactures, assembles, distributes, or
3 possesses any electronic, mechanical, eavesdropping, or
4 other device knowing that or having reason to know that
5 the design of the device renders it primarily useful for
6 the purpose of the surreptitious hearing or recording of
7 oral conversations or the interception, retention, or
8 transcription of electronic communications and the
9 intended or actual use of the device is contrary to the
10 provisions of this Article; or
11 (3) (b) Uses or divulges, except as authorized by
12 this Article or by Article 108A or 108B of the "Code of
13 Criminal Procedure of 1963", approved August 14, 1963, as
14 amended, any information which he knows or reasonably
15 should know was obtained through the use of an
16 eavesdropping device.
17 (b) (c) It is an affirmative defense to a charge brought
18 under this Article relating to the interception of a
19 privileged communication that the person charged:
20 1. was a law enforcement officer acting pursuant to
21 an order of interception, entered pursuant to Section
22 108A-1 or 108B-5 of the Code of Criminal Procedure of
23 1963; and
24 2. at the time the communication was intercepted,
25 the officer was unaware that the communication was
26 privileged; and
27 3. stopped the interception within a reasonable
28 time after discovering that the communication was
29 privileged; and
30 4. did not disclose the contents of the
31 communication.
32 (c) It is not unlawful for a manufacturer or a supplier
33 of eavesdropping devices, or a provider of wire or electronic
34 communication services, their agents, employees, contractors,
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1 or venders to manufacture, assemble, sell, or possess an
2 eavesdropping device within the normal course of their
3 business for purposes not contrary to this Article or for law
4 enforcement officers and employees of the Illinois Department
5 of Corrections to manufacture, assemble, purchase, or
6 possess an eavesdropping device in preparation for or within
7 the course of their official duties.
8 (d) The interception, recording, or transcription of an
9 electronic communication by an employee of the Illinois
10 Department of Corrections is not prohibited under this Act,
11 provided that the interception, recording, or transcription
12 is:
13 (1) otherwise legally permissible under Illinois
14 law;
15 (2) conducted with the approval of the Illinois
16 Department of Corrections for the purpose of
17 investigating or enforcing a State criminal law or a
18 Department rule or regulation with respect to persons
19 committed to the Department; and
20 (3) within the scope of the employee's official
21 duties.
22 (Source: P.A. 85-1203.)
23 (720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
24 Sec. 14-4. 14.4. Sentence.)
25 (a) Eavesdropping, for a first offense, is a Class 4
26 felony, and, for a second or subsequent offense, is a Class 3
27 felony.
28 (b) The eavesdropping of an oral conversation or an
29 electronic communication between any law enforcement officer,
30 State's Attorney, Assistant State's Attorney, the Attorney
31 General, Assistant Attorney General, or a judge, while in the
32 performance of his or her official duties, if not authorized
33 by this Article or proper court order, is a Class 1 felony.
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1 (Source: P.A. 79-781; revised 3-12-98.)
2 Section 99. Effective date. This Act takes effect on
3 January 1, 2000.
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