Illinois General Assembly - Full Text of SB1952
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Full Text of SB1952  96th General Assembly



State of Illinois
2009 and 2010


Introduced 2/20/2009, by Sen. Michael Noland


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

    Amends the Criminal Code of 1961. Makes a technical change in a Section concerning eavesdropping.

LRB096 11313 RLC 21746 b





SB1952 LRB096 11313 RLC 21746 b

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 changing
5 Section 14-1 as follows:
6     (720 ILCS 5/14-1)  (from Ch. 38, par. 14-1)
7     Sec. 14-1. Definition.
8     (a) Eavesdropping device.
9     An eavesdropping device is any device capable of being used
10 to hear or record oral conversation or intercept, retain, or
11 transcribe electronic communications whether such conversation
12 or electronic communication is conducted in person, by
13 telephone, or by any other means; Provided, however, that that
14 this definition shall not include devices used for the
15 restoration of the deaf or hard-of-hearing to normal or partial
16 hearing.
17     (b) Eavesdropper.
18     An eavesdropper is any person, including law enforcement
19 officers, who is a principal, as defined in this Article, or
20 who operates or participates in the operation of any
21 eavesdropping device contrary to the provisions of this
22 Article.
23     (c) Principal.



SB1952 - 2 - LRB096 11313 RLC 21746 b

1     A principal is any person who:
2         (1) Knowingly employs another who illegally uses an
3     eavesdropping device in the course of such employment; or
4         (2) Knowingly derives any benefit or information from
5     the illegal use of an eavesdropping device by another; or
6         (3) Directs another to use an eavesdropping device
7     illegally on his behalf.
8     (d) Conversation.
9     For the purposes of this Article, the term conversation
10 means any oral communication between 2 or more persons
11 regardless of whether one or more of the parties intended their
12 communication to be of a private nature under circumstances
13 justifying that expectation.
14     (e) Electronic communication.
15     For purposes of this Article, the term electronic
16 communication means any transfer of signs, signals, writing,
17 images, sounds, data, or intelligence of any nature transmitted
18 in whole or part by a wire, radio, pager, computer,
19 electromagnetic, photo electronic or photo optical system,
20 where the sending and receiving parties intend the electronic
21 communication to be private and the interception, recording, or
22 transcription of the electronic communication is accomplished
23 by a device in a surreptitious manner contrary to the
24 provisions of this Article. Electronic communication does not
25 include any communication from a tracking device.
26     (f) Bait car.



SB1952 - 3 - LRB096 11313 RLC 21746 b

1     For purposes of this Article, the term bait car means any
2 motor vehicle that is not occupied by a law enforcement officer
3 and is used by a law enforcement agency to deter, detect,
4 identify, and assist in the apprehension of an auto theft
5 suspect in the act of stealing a motor vehicle.
6 (Source: P.A. 95-258, eff. 1-1-08.)