FRITCHEY-BROSNAHAN AND BOLAND. (DUDYCZ-CULLERTON) 720 ILCS 5/14-1 from Ch. 38, par. 14-1 720 ILCS 5/14-2 from Ch. 38, par. 14-2 720 ILCS 5/14-4 from Ch. 38, par. 14-4 Amends the Criminal Code of 1961. Includes in the definition of "eavesdropping device" a pager or fax machine capable of receiving telephonic, electronic, or radio communications in the form of signs, signals, writings, images, or sounds from a wireless or telephone service without the consent of the service subscriber or user. Defines "eavesdropper" to include a person who manufactures or possesses an eavesdropping device knowing that the device will be used to receive the 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 between 2 or more persons. Includes as an eavesdropping violation observing a conversation by using or facilitating the use of an eavesdropping device. Provides that eavesdropping of a conversation involving a peace officer, State's Attorney, Assistant State's Attorney, the Attorney General, Assistant Attorney General, judge, or member of the General Assembly engaged in the performance of his or her official duties is a Class X felony. CORRECTIONAL NOTE (Dept. of Corrections) Corrections population and fiscal impacts would be minimal. FISCAL NOTE (Dept. of State Police) If HB526 became law, in excess of $100,000 worth of equipment would be rendered useless and would have to be eliminated. SENATE AMENDMENT NO. 3. Deletes everything after the enacting clause. Amends the Criminal Code of 1961 relating to eavesdropping. Includes, in the definition of eavesdropping device, a device that can intercept, retain, or transcribe, electronic communications. Provides that a person is guilty of eavesdropping who manufactures, assembles, distributes, or possesses an electronic, mechanical, eavesdropping, or other device knowing or having reason to know that the design of the device renders it primarily useful for surreptitious hearing or recording of oral conversations or the interception, retention, or transcription of electronic communications and the intended or actual use of the device is contrary to the Eavesdropping Article of the Code. Includes, in the definition of "eavesdropping", to intercept, retain, or transcribe, electronic communication, except when all parties consent or in accordance with the Judicial Supervision of the Use of Eavesdropping Devices Article or the Electronic Criminal Sur- veillance Article of the Code of Criminal Procedure of 1963. Provides that the use of an eavesdropping device must be knowing and inten- tional in order for the defendant to be liable for using an eaves- dropping device for the purpose of hearing or recording conversation. Provides that the eavesdropping of an oral conservation or an elec- tronic communication between any law enforcement officer, State's Attorney, Assistant State's Attorney, the Attorney General, Assistant Attorney General, or a judge, when in the performance of his or her official duties, if not authorized by the Eavesdropping Article of the Code or Court order, is a Class 1 felony. GOVERNOR'S AMENDATORY VETO MESSAGE Recommends permitting employees of the Illinois Department of Corrections to manufacture, assemble, purchase, or possess an eaves- dropping device in preparation for or within the course of their official duties and to intercept, record, or transcribe an electronic communication if that interception, recording, or transcription is (1) legally permissible under Illinois law, (2) conducted with the approval of the Illinois Department of Corrections for the purpose of investigating or enforcing a State criminal law or a Department rule or regulation with respect to persons committed to the Depart- ment, and (3) within the scope of the employee's official duties. Adds a January 1, 2000 effective date. 99-02-03 H FIRST READING 99-02-03 H ADDED AS A JOINT SPONSOR BROSNAHAN 99-02-03 H REFERRED TO HOUSE RULES COMMITTEE RULES 99-02-10 H ASSIGNED TO COMMITTEE JUD-CRIMINAL 99-02-18 H CORRECTIONAL NOTE FILED 99-02-18 H COMMITTEE JUD-CRIMINAL 99-02-19 H FISCAL NOTE FILED 99-02-19 H DO PASS/SHORT DEBATE 013-000-000 HJUB 99-02-19 H PLACED CALENDAR 2ND READING-SHORT DEBATE 99-02-24 H SECOND READING-SHORT DEBATE 99-02-24 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 99-03-01 H ADDED AS A CO-SPONSOR BOLAND 99-03-12 H THIRD READING/SHORT DEBATE/PASSED 115-000-000 99-03-16 S ARRIVE IN SENATE 99-03-16 S PLACED CALENDAR ORDER OF FIRST READING 99-03-17 99-03-18 S CHIEF SPONSOR CULLERTON 99-03-18 S FIRST READING 99-03-18 S REFERRED TO SENATE RULES COMMITTEE RULES 99-04-27 S ASSIGNED TO COMMITTEE JUDICIARY 99-04-28 S SPONSOR REMOVED CULLERTON 99-04-28 S ALTERNATE CHIEF SPONSOR CHANGED TO DUDYCZ 99-04-28 S ADDED AS A CHIEF CO-SPONSOR CULLERTON 99-05-05 S DO PASS 008-001-001 SJUD 99-05-05 S PLACED ON CALENDAR ORDER OF 2ND READING 99-05-06 99-05-11 S FILED WITH SECRETARY 99-05-11 S AMENDMENT NO. 01-DUDYCZ 99-05-11 S AMENDMENT REFERRED TO SRUL 99-05-12 S AMENDMENT NO. 01-DUDYCZ 99-05-12 S RULES REFERS TO SJUD 99-05-12 S AMENDMENT NO. 01-DUDYCZ 99-05-12 S HELD IN COMMITTEE SJUD 99-05-12 S FILED WITH SECRETARY 99-05-12 S AMENDMENT NO. 02-DUDYCZ 99-05-12 S AMENDMENT REFERRED TO SRUL 99-05-13 S FILED WITH SECRETARY 99-05-13 S AMENDMENT NO. 03-DUDYCZ 99-05-13 S AMENDMENT REFERRED TO SRUL 99-05-13 S AMENDMENT NO. 02-DUDYCZ 99-05-13 S RULES REFERS TO SJUD 99-05-13 S AMENDMENT NO. 03-DUDYCZ 99-05-13 S RULES REFERS TO SJUD 99-05-13 S AMENDMENT NO. 02-DUDYCZ 99-05-13 S HELD IN COMMITTEE SJUD 99-05-13 S AMENDMENT NO. 03-DUDYCZ 99-05-13 S BE APPROVED FOR CONSIDERATION SJUD/010-000-000 99-05-13 S SECOND READING 99-05-13 S AMENDMENT NO. 03-DUDYCZ 99-05-13 S ADOPTED 99-05-13 S PLACED ON CALENDAR ORDER OF 3RD READING 99-05-14 99-05-14 S THIRD READING - PASSED 056-000-000 99-05-14 S TABLED PURSUANT TO RULE 5-4(A) SA'S 01,02 99-05-14 S THIRD READING - PASSED 056-000-000 99-05-14 H ARRIVE IN HOUSE 99-05-14 H PLACED ON CALENDAR ORDER OF CONCURRENCE 03 99-05-17 H MOTION FILED CONCUR 03/FRITCHEY 99-05-17 H MOTION REFERRED TO HRUL 99-05-17 H CALENDAR ORDER OF CONCURRENCE 03 99-05-19 H BE APPROVED FOR CONSIDERATION 03/HRUL 99-05-19 H HSE CONCURS IN SEN AMENDMENTS (NO.) 03/117-000-000 99-05-19 H PASSED BOTH HOUSES 99-06-17 H SENT TO THE GOVERNOR 99-08-14 H GOVERNOR AMENDATORY VETO 99-08-14 H PLACED CALENDAR AMENDATORY VETO NOVEMBER 16, 1999 99-11-17 H MOTION FILED ACCEPT AMENDATORY VETO #1/FRITCHEY 99-11-17 H MOTION REFERRED TO HRUL 99-11-17 H PLACED CALENDAR AMENDATORY VETO 99-11-18 H APPROVED FOR CONSIDERATION - COMPLIANCE HRUL/004-000-000 99-11-18 H 3/5 VOTE REQUIRED 99-11-18 H ACCEPT AMENDATORY VETO - HOUSE PASSED 118-000-000 99-11-18 S PLACED CALENDAR AMENDATORY VETO NOVEMBER 30, 1999 99-11-30 S MOTION FILED ACCEPT AMENDATORY VETO DUDYCZ 99-12-01 S ACCEPT AMENDATORY VETO - SENATE PASSED 058-000-000 99-12-01 H BOTH HOUSES ACCEPT AMENDATORY VETO 99-12-08 H RETURNED TO GOVERNOR FOR CERTIFICATION 99-12-22 H GOVERNOR CERTIFIES CHANGES 99-12-22 H EFFECTIVE DATE 00-01-01 99-12-22 H PUBLIC ACT.............................. 91-0657 END OF INQUIRY Full Text Bill Summary