Full Text of HB0884 94th General Assembly
HB0884enr 94TH GENERAL ASSEMBLY
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HB0884 Enrolled |
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LRB094 05975 RLC 36031 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 14-2 as follows:
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| (720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
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| Sec. 14-2. Elements of the offense; affirmative defense.
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| (a) A person commits eavesdropping when he:
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| (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
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| Article
108A or Article 108B of the "Code of Criminal | 16 |
| Procedure of 1963",
approved August 14, 1963, as amended; | 17 |
| or
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| (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
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| the surreptitious hearing or recording of oral | 23 |
| conversations or the
interception, retention, or | 24 |
| transcription of electronic communications and the
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| intended or actual use of the device is contrary to the | 26 |
| provisions of this
Article; or
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| (3) Uses or divulges, except as authorized
by this | 28 |
| Article or by Article 108A or 108B of the "Code of Criminal | 29 |
| Procedure
of 1963", approved August 14, 1963, as amended, | 30 |
| any information
which he knows or reasonably should know | 31 |
| was obtained through the use of an
eavesdropping device.
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| (b) It is an affirmative defense to a charge brought under |
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LRB094 05975 RLC 36031 b |
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| this
Article relating to the interception of a privileged | 2 |
| communication that the
person charged:
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| 1. was a law enforcement officer acting pursuant to an | 4 |
| order of
interception, entered pursuant to Section 108A-1 | 5 |
| or 108B-5 of the Code of
Criminal Procedure of 1963; and
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| 2. at the time the communication was intercepted, the | 7 |
| officer was
unaware that the communication was privileged; | 8 |
| and
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| 3. stopped the interception within a reasonable time | 10 |
| after discovering
that the communication was privileged; | 11 |
| and
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| 4. did not disclose the contents of the communication.
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| (c) It is not unlawful for a manufacturer or a supplier of
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| eavesdropping devices, or a provider of wire or electronic | 15 |
| communication
services, their agents, employees, contractors, | 16 |
| or venders to manufacture,
assemble, sell, or possess an | 17 |
| eavesdropping device within the normal course of
their business | 18 |
| for purposes not contrary to this Article or for law | 19 |
| enforcement
officers and employees of the Illinois Department | 20 |
| of Corrections to
manufacture, assemble, purchase, or possess | 21 |
| an eavesdropping device
in preparation for or within the course | 22 |
| of their official duties.
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| (d) The interception, recording, or transcription of an | 24 |
| electronic
communication by an employee of a penal institution
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| the Illinois Department of Corrections is not
prohibited under | 26 |
| this Act, provided that the interception, recording, or
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| transcription is:
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| (1) otherwise legally permissible under Illinois law;
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| (2) conducted with the approval of the penal | 30 |
| institution
Illinois Department of Corrections
for the | 31 |
| purpose of investigating or enforcing a State criminal law | 32 |
| or a
penal institution
Department rule or regulation with | 33 |
| respect to inmates in the institution
persons committed to | 34 |
| the
Department ; and
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| (3) within the scope of the employee's official duties. | 36 |
| For the purposes of this subsection (d), "penal |
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LRB094 05975 RLC 36031 b |
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| institution" has the meaning ascribed to it in clause (c)(1) of | 2 |
| Section 31A-1.1.
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| (Source: P.A. 91-657, eff. 1-1-00.)
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