Full Text of HB4693 97th General Assembly
HB4693 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4693 Introduced 2/3/2012, by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/14-2 | from Ch. 38, par. 14-2 |
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Amends the Criminal Code of 1961. Provides that it is not a violation of the Eavesdropping Article for a person to use an eavesdropping device to record a government official engaged in his or her official duties in a public place, including a police officer, unless the recording significantly impacts the government official's ability to perform these duties or creates a danger to the government official or others.
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| | A BILL FOR |
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| | | HB4693 | | LRB097 17045 RLC 62241 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 1961 is amended by changing | 5 | | Section 14-2 as follows:
| 6 | | (720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
| 7 | | Sec. 14-2. Elements of the offense; affirmative defense.
| 8 | | (a) A person commits eavesdropping when he:
| 9 | | (1) Knowingly and intentionally uses an
eavesdropping | 10 | | device for the purpose of hearing or recording all or any | 11 | | part of
any conversation or intercepts, retains, or | 12 | | transcribes electronic
communication unless he does so (A) | 13 | | with the consent of all of
the parties to
such conversation | 14 | | or electronic communication or (B) in
accordance with
| 15 | | Article
108A or Article 108B of the "Code of Criminal | 16 | | Procedure of 1963",
approved August 14, 1963, as amended; | 17 | | or
| 18 | | (2) Manufactures, assembles, distributes, or possesses | 19 | | any electronic,
mechanical, eavesdropping, or other device | 20 | | knowing that or having reason to
know
that the design of | 21 | | the device renders it primarily useful for the purpose of
| 22 | | the surreptitious hearing or recording of oral | 23 | | conversations or the
interception, retention, or |
| | | HB4693 | - 2 - | LRB097 17045 RLC 62241 b |
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| 1 | | transcription of electronic communications and the
| 2 | | intended or actual use of the device is contrary to the | 3 | | provisions of this
Article; or
| 4 | | (3) Uses or divulges, except as authorized
by this | 5 | | Article or by Article 108A or 108B of the "Code of Criminal | 6 | | Procedure
of 1963", approved August 14, 1963, as amended, | 7 | | any information
which he knows or reasonably should know | 8 | | was obtained through the use of an
eavesdropping device.
| 9 | | (b) It is an affirmative defense to a charge brought under | 10 | | this
Article relating to the interception of a privileged | 11 | | communication that the
person charged:
| 12 | | 1. was a law enforcement officer acting pursuant to an | 13 | | order of
interception, entered pursuant to Section 108A-1 | 14 | | or 108B-5 of the Code of
Criminal Procedure of 1963; and
| 15 | | 2. at the time the communication was intercepted, the | 16 | | officer was
unaware that the communication was privileged; | 17 | | and
| 18 | | 3. stopped the interception within a reasonable time | 19 | | after discovering
that the communication was privileged; | 20 | | and
| 21 | | 4. did not disclose the contents of the communication.
| 22 | | (c) It is not unlawful for a manufacturer or a supplier of
| 23 | | eavesdropping devices, or a provider of wire or electronic | 24 | | communication
services, their agents, employees, contractors, | 25 | | or venders to manufacture,
assemble, sell, or possess an | 26 | | eavesdropping device within the normal course of
their business |
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| 1 | | for purposes not contrary to this Article or for law | 2 | | enforcement
officers and employees of the Illinois Department | 3 | | of Corrections to
manufacture, assemble, purchase, or possess | 4 | | an eavesdropping device
in preparation for or within the course | 5 | | of their official duties.
| 6 | | (d) The interception, recording, or transcription of an | 7 | | electronic
communication by an employee of a penal institution | 8 | | is not
prohibited under this Act, provided that the | 9 | | interception, recording, or
transcription is:
| 10 | | (1) otherwise legally permissible under Illinois law;
| 11 | | (2) conducted with the approval of the penal | 12 | | institution
for the purpose of investigating or enforcing a | 13 | | State criminal law or a
penal institution rule or | 14 | | regulation with respect to inmates in the institution; and
| 15 | | (3) within the scope of the employee's official duties. | 16 | | For the purposes of this subsection (d), "penal | 17 | | institution" has the meaning ascribed to it in clause (c)(1) of | 18 | | Section 31A-1.1.
| 19 | | (e) It is not a violation of this Article for a person to | 20 | | use an eavesdropping device to record a government official | 21 | | engaged in his or her official duties in a public place, | 22 | | including a police officer, unless the recording significantly | 23 | | impacts the government official's ability to perform these | 24 | | duties or creates a danger to the government official or | 25 | | others. | 26 | | (Source: P.A. 94-183, eff. 1-1-06.)
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