Illinois General Assembly - Full Text of SB1702
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Full Text of SB1702  97th General Assembly




SB1702 EngrossedLRB097 06119 RLC 46192 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 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
17court or by a jury;
18    (d) To all actual damages against any landlord, owner or
19building operator, or any common carrier by wire who aids,
20abets, or knowingly permits the eavesdropping concerned;
21    (e) To any punitive damages which may be awarded by the
22court or by a jury against any landlord, owner or building
23operator, or common carrier by wire who aids, abets, or



SB1702 Engrossed- 2 -LRB097 06119 RLC 46192 b

1knowingly permits the eavesdropping concerned.
2    (2) No cause of action shall lie in any court against any
3common carrier by wire or its officers, agents or employees for
4providing information, assistance or facilities in accordance
5with the terms of a court order entered under Article 108A of
6the Code of Criminal Procedure of 1963.
7    (3) No civil claim, cause of action, or remedy on behalf of
8a minor shall lie against a parent, step-parent, guardian, or
9grandparent for eavesdropping of electronic communications
10taken during that parent, step-parent, guardian, or
11grandparent's exercise of his or her parental rights to
12supervise, monitor, and control the activities of a minor in
13his or her care, custody, or control.
14    (4) No claim or cause of action that alleges a violation of
15this Article may lie against a reporter or news medium for
16actions undertaken in the newsgathering process, except for
17willful or wanton misconduct. This protection does not diminish
18the protections given to reporters or news medium under Part 9
19of Article VIII of the Code of Civil Procedure.
20(Source: P.A. 85-868.)