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.)".