Full Text of HB1349 099th General Assembly
HB1349 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB1349 Introduced 2/4/2015, by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/14-1 | from Ch. 38, par. 14-1 |
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Amends the Criminal Code of 2012 concerning eavesdropping. In the definition of "private conversation", provides that an on-duty law enforcement officer shall have no reasonable expectation of privacy while engaged in the performance of his or her duties.
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| | A BILL FOR |
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| | | HB1349 | | LRB099 06168 RLC 26226 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 restoration of the deaf
| 15 | | 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. An on-duty law enforcement officer shall have no | 19 | | reasonable expectation of privacy while engaged in the | 20 | | performance of his or her duties.
| 21 | | (e) Private electronic communication.
| 22 | | For purposes of this Article, "private electronic | 23 | | communication" means any
transfer of signs, signals, writing, | 24 | | images, sounds, data, or intelligence of
any nature transmitted | 25 | | in whole or part by a wire, radio, pager, computer,
| 26 | | electromagnetic, photo electronic or photo optical system, |
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| 1 | | when the sending
or receiving party intends the electronic | 2 | | communication to be private under circumstances reasonably | 3 | | justifying that expectation. A reasonable expectation shall | 4 | | include any expectation recognized by law, including, but not | 5 | | limited to, an expectation derived from a privilege, immunity, | 6 | | or right established by common law, Supreme Court rule, or the | 7 | | Illinois or United States Constitution. Electronic | 8 | | communication does not include any communication
from a | 9 | | tracking device. | 10 | | (f) Bait car. | 11 | | For purposes of this Article, "bait car" means any motor | 12 | | vehicle that is not occupied by a law enforcement officer and | 13 | | is used by a law enforcement agency to deter, detect, identify, | 14 | | and assist in the apprehension of an auto theft suspect in the | 15 | | act of stealing a motor vehicle.
| 16 | | (g) Surreptitious. | 17 | | For purposes of this Article, "surreptitious" means | 18 | | obtained or made by stealth or deception, or executed through | 19 | | secrecy or concealment. | 20 | | (Source: P.A. 98-1142, eff. 12-30-14.)
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