House Sponsors: FRITCHEY-ACEVEDO-MCAULIFFE-SAVIANO-FEIGENHOLTZ, KENNER, MCKEON, SILVA, LYONS,JOSEPH, BROSNAHAN, GASH, BRADLEY AND HOWARD. Senate Sponsors: CULLERTON Short description: CRIM CD-AGGRVTD DSCHRG-FIREARM Synopsis of Bill as introduced: Amends the Criminal Code of 1961. Increases penalty for aggravated discharge of a firearm committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school from a Class 1 felony to a Class X felony. Effective immediately. HOUSE AMENDMENT NO. 1. Deletes reference to: 720 ILCS 5/24-1.2 Adds reference to: 720 ILCS 5/14-1 from Ch. 38, par. 14-1 720 ILCS 5/14-2 from Ch. 38, par. 14-2 720 ILCS 5/14-3 from Ch. 38, par. 14-3 720 ILCS 5/14-4 from Ch. 38, par. 14-4 720 ILCS 5/16F-3 725 ILCS 5/108B-1 from Ch. 38, par. 108B-1 730 ILCS 5/5-5-3 Deletes everything. Amends the Criminal Code of 1961. Includes in the defintion of "eavesdropping device" pagers and fax machines. Includes in the definition of "eavesdropper" a person who manufactured or possesses an eavesdropping device knowing that the device will be used to receive wireless or telephone service without the consent of the service subscriber or user. Includes in the definition of "conversation" telephonic, electronic, or radio communication in the form of signs, signals, writings, images, or sounds transmitted through a wireless or telephonic service. Provides that eavesdropping of a conversation including a peace officer, State's Attorney, Attorney General, Judges, or members of the General Assembly engaged in the performance of their official duties is a Class 1 felony. Provides that if the theft of a wireless service is committed and during the course of the theft the user utilizes the stolen service to commit or aid in the commission of a separate felony, the theft is a nonprobationable Class 1 felony. Exempts from eavesdropping the recording by law enforcement officers of conversations or communications that do not qualify as private oral communications. Provides that these communications shall be admissible in criminal, civil, and administrative proceedings. Amends the Electronic Criminal Surveillance Article of the Code of Criminal Procedure of 1963. Includes an "electronic communication" in the definition of "private oral communication". Provides that all wire, electronic, or oral communications that are made during the course of theft of a wireless service or any other unauthorized service of a telecommunications device are circumstances that do not justify an expectation of privacy. Defines "telecommunication device", "electronic communication", and "electronic stored communication". Amends the Unified Code of Corrections. Provides that a person convicted of theft of a wireless service when the user utilizes the service to commit a separate felony is not eligible for probation, periodic imprisonment, or conditional discharge. FISCAL NOTE (Dpt. of Corrections) Impact: corrections population, 53 inmates; fiscal, $4,061,900. CORRECTIONAL NOTE No change from DOC fiscal note. FISCAL NOTE, H-AM 1 (Dpt. of Corrections) The corrections population and fiscal impact is minimal. CORRECTIONAL NOTE, H-AM 1 No change from DOC fiscal note, amended. JUDICIAL NOTE, H-AM 1 (Admin. Office of Ill. Courts) No decrease or increase in need for number of judges in State. FISCAL NOTE, H-AM 1 (Admin. Office of Ill. Courts) No fiscal impact on the Judicial branch. HOUSE AMENDMENT NO. 2. Adds reference to: 720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2 Amends the Criminal Code of 1961. Increases penalty for aggravated discharge of a firearm committed in a school or on the real property comprising a school, from a Class 1 felony to a Class X felony. Effective immediately. FISCAL NOTE, H-AM 2 (Office of Ill. Courts) No change from previous fiscal note. Last action on Bill: SESSION SINE DIE Last action date: 99-01-12 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 0 END OF INQUIRY Full Text Bill Status