93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5432


 
Introduced 02/06/04, by Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/14-1
  from Ch. 38, par. 14-1







    Amends the Criminal Code of 1961.  Makes a technical change in the definition
Section of the Eavesdropping Article.
















LRB093 17141 RLC 42807 b

















 


 


A BILL FOR









 











HB5432

LRB093 17141 RLC 42807 b






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    AN ACT in relation to criminal law. 

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 5. The Criminal Code of 1961 is amended by changing

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Section 14-1 as follows:


 
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    (720 ILCS 5/14-1)  (from Ch. 38, par. 14-1)

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    Sec. 14-1. Definitions
Definition.


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    (a) Eavesdropping device.


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    An eavesdropping device is any device capable of being used 
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to hear or
record oral conversation or intercept, retain, or 
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transcribe electronic
communications whether such conversation 
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or electronic communication is
conducted in person,
by 
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telephone, or by any other means; Provided, however, that this

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definition shall not include devices used for the restoration 
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of the deaf
or hard-of-hearing to normal or partial hearing.


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    (b) Eavesdropper.


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    An eavesdropper is any person, including law enforcement 
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officers, who is a
principal, as defined in this Article, or 
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who
operates or participates in the operation of any 
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eavesdropping device
contrary to the provisions of this 
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Article.


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    (c) Principal.


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    A principal is any person who:


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        (1) Knowingly employs another who illegally uses an 
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    eavesdropping
device in the course of such employment; or


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        (2) Knowingly derives any benefit or information from 
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    the illegal use
of an eavesdropping device by another; or


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        (3) Directs another to use an eavesdropping device 
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    illegally on his
behalf.


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    (d) Conversation.


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    For the purposes of this Article, the term conversation 
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means any oral
communication between 2 or more persons 
 


 






HB5432
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LRB093 17141 RLC 42807 b




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regardless of whether one or more of
the parties intended their 
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communication to be of a private nature under
circumstances 
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justifying that expectation.


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    (e) Electronic communication.


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    For purposes of this Article, the term electronic 
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communication means any
transfer of signs, signals, writing, 
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images, sounds, data, or intelligence of
any nature transmitted 
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in whole or part by a wire, radio, pager, computer,

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electromagnetic, photo electronic or photo optical system, 
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where the sending
and receiving parties intend the electronic 
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communication to be private and the
interception, recording, or 
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transcription of the electronic communication is
accomplished 
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by a device in a surreptitious manner contrary to the 
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provisions
of this Article.  Electronic communication does not 
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include any communication
from a tracking device.


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(Source: P.A. 91-657, eff. 1-1-00.)