Full Text of HB1473 100th General Assembly
HB1473 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB1473 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/14-1 | from Ch. 38, par. 14-1 |
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Amends the Criminal Code of 2012. Makes a technical change in a Section concerning eavesdropping.
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| | A BILL FOR |
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| | | HB1473 | | LRB100 03297 RLC 13302 b |
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| 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 2012 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. Definitions.
| 8 | | (a) Eavesdropping device.
| 9 | | An eavesdropping device is any device capable of being used | 10 | | to hear or
record oral conversation or intercept, or transcribe | 11 | | electronic
communications whether such conversation or | 12 | | electronic communication is
conducted in person,
by telephone, | 13 | | or by any other means; Provided, however, that this
definition | 14 | | shall not include devices used for the the restoration of the | 15 | | deaf
or hard-of-hearing to normal or partial hearing.
| 16 | | (b) Eavesdropper.
| 17 | | An eavesdropper is any person, including any law | 18 | | enforcement officer and any party to a private conversation, | 19 | | who
operates or participates in the operation of any | 20 | | eavesdropping device
contrary to the provisions of this Article | 21 | | or who acts as a principal, as defined in this Article.
| 22 | | (c) Principal.
| 23 | | A principal is any person who:
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| 1 | | (1) Knowingly employs another who illegally uses an | 2 | | eavesdropping
device in the course of such employment; or
| 3 | | (2) Knowingly derives any benefit or information from | 4 | | the illegal use
of an eavesdropping device by another; or
| 5 | | (3) Directs another to use an eavesdropping device | 6 | | illegally on his
or her behalf.
| 7 | | (d) Private conversation.
| 8 | | For the purposes of this Article, "private conversation" | 9 | | means any oral
communication between 2 or more persons, whether | 10 | | in person or transmitted between the parties by wire or other | 11 | | means, when one or more of
the parties intended the | 12 | | communication to be of a private nature under
circumstances | 13 | | reasonably justifying that expectation. A reasonable | 14 | | expectation shall include any expectation recognized by law, | 15 | | including, but not limited to, an expectation derived from a | 16 | | privilege, immunity, or right established by common law, | 17 | | Supreme Court rule, or the Illinois or United States | 18 | | Constitution.
| 19 | | (e) Private electronic communication.
| 20 | | For purposes of this Article, "private electronic | 21 | | communication" means any
transfer of signs, signals, writing, | 22 | | images, sounds, data, or intelligence of
any nature transmitted | 23 | | in whole or part by a wire, radio, pager, computer,
| 24 | | electromagnetic, photo electronic or photo optical system, | 25 | | when the sending
or receiving party intends the electronic | 26 | | communication to be private under circumstances reasonably |
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| 1 | | justifying that expectation. A reasonable expectation shall | 2 | | include any expectation recognized by law, including, but not | 3 | | limited to, an expectation derived from a privilege, immunity, | 4 | | or right established by common law, Supreme Court rule, or the | 5 | | Illinois or United States Constitution. Electronic | 6 | | communication does not include any communication
from a | 7 | | tracking device. | 8 | | (f) Bait car. | 9 | | For purposes of this Article, "bait car" means any motor | 10 | | vehicle that is not occupied by a law enforcement officer and | 11 | | is used by a law enforcement agency to deter, detect, identify, | 12 | | and assist in the apprehension of an auto theft suspect in the | 13 | | act of stealing a motor vehicle.
| 14 | | (g) Surreptitious. | 15 | | For purposes of this Article, "surreptitious" means | 16 | | obtained or made by stealth or deception, or executed through | 17 | | secrecy or concealment. | 18 | | (Source: P.A. 98-1142, eff. 12-30-14.)
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