Full Text of HB3038 98th General Assembly
HB3038enr 98TH GENERAL ASSEMBLY |
| | HB3038 Enrolled | | LRB098 07052 MRW 37111 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 14-6 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 | 8 | | all parties to any conversation or electronic communication | 9 | | upon which eavesdropping is
practiced contrary to this Article | 10 | | shall be entitled to the following
remedies:
| 11 | | (a) To an injunction by
the circuit court
prohibiting
| 12 | | further eavesdropping by the eavesdropper and by or on behalf | 13 | | of his
principal, or either;
| 14 | | (b) To all actual damages against the eavesdropper or his | 15 | | principal or
both;
| 16 | | (c) To any punitive damages which may be awarded by the | 17 | | court or by a
jury;
| 18 | | (d) To all actual damages against any landlord, owner or | 19 | | building
operator, or any common carrier by wire who aids, | 20 | | abets, or knowingly
permits the eavesdropping concerned;
| 21 | | (e) To any punitive damages which may be awarded by the | 22 | | court or by a
jury against any landlord, owner or building | 23 | | operator, or common carrier by
wire who aids, abets, or |
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| 1 | | knowingly permits the eavesdropping concerned.
| 2 | | (2) No cause of action shall lie in any court against any | 3 | | common
carrier by wire or its officers, agents or employees for | 4 | | providing
information, assistance or facilities in accordance | 5 | | with the terms of a
court order entered under Article 108A of | 6 | | the Code of Criminal Procedure of 1963.
| 7 | | (3) No civil claim, cause of action, or remedy shall lie | 8 | | against a parent, step-parent, guardian, or grandparent for | 9 | | eavesdropping of electronic communications through access to | 10 | | their minor's electronic accounts during that parent, | 11 | | step-parent, guardian, or grandparent's exercise of his or her | 12 | | parental rights to supervise, monitor, and control the | 13 | | activities of a minor in his or her care, custody, or control. | 14 | | This provision does not diminish the protections given to | 15 | | electronic accounts of a minor under any existing law other | 16 | | than this Article. | 17 | | (Source: P.A. 85-868.)
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