96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5963


 
Introduced 2/10/2010, by Rep. Jim Sacia
 
SYNOPSIS AS INTRODUCED:
 		





 


  



720 ILCS 5/14-2
  from Ch. 38, par. 14-2








     Amends the Criminal Code of 1961.  Permits the use of an eavesdropping device with the consent of any one party (rather than all of the parties) to the conversation or electronic communication and at the request of a State's Attorney.  Permits a person to use or divulge information obtained by the use of an eavesdropping device in a criminal proceeding.  Effective immediately.
  















LRB096 18098 RLC 33473 b

















 


 


A BILL FOR









 




  






HB5963

LRB096 18098 RLC 33473 b





  
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    AN ACT concerning 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 14-2 as follows:
 



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    (720 ILCS 5/14-2)  (from Ch. 38, par. 14-2)



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    Sec. 14-2. Elements of the offense; affirmative defense. 


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    (a) A person commits eavesdropping when he:


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        (1) Knowingly and intentionally uses an
eavesdropping 
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    device for the purpose of hearing or recording all or any 
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    part of
any conversation or intercepts, retains, or 
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    transcribes electronic
communication unless he does so (A) 
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    with the consent of any one party all of
the parties to

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    such conversation or electronic communication and at the 
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    request of a State's Attorney or (B) in
accordance with

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    Article
108A or Article 108B of the "Code of Criminal 
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    Procedure of 1963",
approved August 14, 1963, as amended; 
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    or


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        (2) Manufactures, assembles, distributes, or possesses 
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    any electronic,
mechanical, eavesdropping, or other device 
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    knowing that or having reason to
know
that the design of 
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    the device renders it primarily useful for the purpose of

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    the surreptitious hearing or recording of oral 
 


 






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    conversations or the
interception, retention, or 
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    transcription of electronic communications and the

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    intended or actual use of the device is contrary to the 
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    provisions of this
Article; or


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        (3) Uses or divulges, except in a criminal proceeding 
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    or as authorized
by this Article or by Article 108A or 108B 
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    of the "Code of Criminal Procedure
of 1963", approved 
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    August 14, 1963, as amended, any information
which he knows 
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    or reasonably should know was obtained through the use of 
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    an
eavesdropping device.

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    (b) It is an affirmative defense to a charge brought under 
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this
Article relating to the interception of a privileged 
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communication that the
person charged:


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        1. was a law enforcement officer acting pursuant to an 
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    order of
interception, entered pursuant to Section 108A-1 
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    or 108B-5 of the Code of
Criminal Procedure of 1963; and


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        2. at the time the communication was intercepted, the 
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    officer was
unaware that the communication was privileged; 
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    and


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        3. stopped the interception within a reasonable time 
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    after discovering
that the communication was privileged; 
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    and


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        4. did not disclose the contents of the communication.

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    (c) It is not unlawful for a manufacturer or a supplier of

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eavesdropping devices, or a provider of wire or electronic 
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communication
services, their agents, employees, contractors, 
 


 






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or venders to manufacture,
assemble, sell, or possess an 
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eavesdropping device within the normal course of
their business 
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for purposes not contrary to this Article or for law 
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enforcement
officers and employees of the Illinois Department 
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of Corrections  to
manufacture, assemble, purchase, or possess 
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an eavesdropping device
in preparation for or within the course 
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of their official duties.

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    (d) The interception, recording, or transcription of an 
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electronic
communication by an employee of a penal institution 
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is not
prohibited under this Act, provided that the 
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interception, recording, or
transcription is:


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        (1) otherwise legally permissible under Illinois law;


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        (2) conducted with the approval of the penal 
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    institution

for the purpose of investigating or enforcing a 
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    State criminal law or a
penal institution rule or 
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    regulation with respect to inmates in the institution; and


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        (3) within the scope of the employee's official duties.
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    For the purposes of this subsection (d), "penal 
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institution" has the meaning ascribed to it in clause (c)(1) of 
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Section 31A-1.1.


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(Source: P.A. 94-183, eff. 1-1-06.)

 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.