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92nd General Assembly

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Public Act 92-0863

HB4074 Re-Enrolled                            LRB9212179RCcdA

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   5.   The  Code of Criminal Procedure of 1963 is
amended  by  changing  Section  108B-1  and  adding   Section
108B-1.5 as follows:

    (725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
    Sec.  108B-1.   Definitions.   For  the  purpose  of this
Article:
    (a)  "Aggrieved person" means a person who was a party to
any intercepted wire or  oral  communication  or  any  person
against whom the intercept was directed.
    (b)  "Chief  Judge"  means,  when  referring  to  a judge
authorized to receive application for, and  to  enter  orders
authorizing,  interceptions  of  private oral communications,
the Chief Judge of the Circuit Court wherein the  application
for  order  of  interception  is  filed,  or  a Circuit Judge
designated by the Chief  Judge  to  enter  these  orders.  In
circuits  other  than  the Cook County Circuit, "Chief Judge"
also means, when referring to a judge authorized  to  receive
application   for,   and   to   enter   orders   authorizing,
interceptions  of  private  oral communications, an Associate
Judge authorized by Supreme Court Rule to  try  felony  cases
who  is  assigned  by  the Chief Judge to enter these orders.
After assignment by the Chief Judge, an Associate Judge shall
have plenary authority to  issue  orders  without  additional
authorization  for  each  specific application made to him by
the State's Attorney until the  time  the  Associate  Judge's
power is rescinded by the Chief Judge.
    (c)  "Communications  common  carrier"  means  any person
engaged as a common carrier for hire in the  transmission  of
communications   by   wire  or  radio,  not  including  radio
broadcasting.
    (d)  "Contents"  includes  information  obtained  from  a
private  oral   communication   concerning   the   existence,
substance,  purport  or  meaning of the communication, or the
identity of a party of the communication.
    (e)  "Court of competent jurisdiction" means any  circuit
court.
    (f)  "Department"  means  Illinois  Department  of  State
Police.
    (g)  "Director" means Director of the Illinois Department
of State Police.
    (h)  "Electronic   criminal   surveillance   device"   or
"eavesdropping   device"   means  any  device  or  apparatus,
including an induction coil, that can be  used  to  intercept
human speech other than:
         (1)  Any  telephone,  telegraph or telecommunication
    instrument, equipment or facility, or  any  component  of
    it,   furnished   to   the   subscriber   or  user  by  a
    communication common carrier in the  ordinary  course  of
    its  business,  or purchased by any person and being used
    by the subscriber, user or person in the ordinary  course
    of his business, or being used by a communications common
    carrier  in the ordinary course of its business, or by an
    investigative or law enforcement officer in the  ordinary
    course of his duties; or
         (2)  A  hearing  aid or similar device being used to
    correct subnormal hearing to not better than normal.
    (i)  "Electronic criminal surveillance officer" means any
law enforcement officer or retired law enforcement officer of
the United States or of the State or political subdivision of
it, or of another State, or of a political subdivision of it,
who is certified by the Illinois Department of  State  Police
to  intercept  private  oral  communications.  A  retired law
enforcement officer may be certified by  the  Illinois  State
Police  only  to  (i)  prepare petitions for the authority to
intercept private oral communications in accordance with  the
provisions  of  this  Act;  (ii)  intercept and supervise the
interception of private oral  communications;  (iii)  handle,
safeguard,  and  use  evidence derived from such private oral
communications; and (iv) operate and maintain equipment  used
to intercept private oral communications.
    (j)  "In-progress trace" means to determine the origin of
a  wire communication to a telephone or telegraph instrument,
equipment or facility during the course of the communication.
    (k)  "Intercept"  means  the  aural  acquisition  of  the
contents of any oral communication through  the  use  of  any
electronic criminal surveillance device.
    (l)  "Journalist"  means  a  person engaged in, connected
with,  or  employed  by  news  media,  including  newspapers,
magazines, press associations, news agencies, wire  services,
radio,  television or other similar media, for the purpose of
gathering, processing, transmitting,  compiling,  editing  or
disseminating news for the general public.
    (m)  "Law  enforcement  agency" means any law enforcement
agency of the United States, or  the  State  or  a  political
subdivision of it.
    (n)  "Oral  communication"  means  human  speech  used to
communicate by one party  to  another,  in  person,  by  wire
communication or by any other means.
    (o)  "Private  oral  communication"  means a wire or oral
communication uttered by a person exhibiting  an  expectation
that  the communication is not subject to interception, under
circumstances   reasonably   justifying   the    expectation.
Circumstances  that reasonably justify the expectation that a
communication is not subject to interception include the  use
of a cordless telephone or cellular communication device.
    (p)  "Wire  communication" means any human speech used to
communicate by one party to  another  in  whole  or  in  part
through  the  use  of  facilities  for  the  transmission  of
communications  by  wire,  cable  or  other  like  connection
between  the  point  of  origin  and  the  point of reception
furnished or operated by a communications common carrier.
    (q)  "Privileged communications"  means  a  private  oral
communication between:
         (1)  a  licensed  and  practicing  physician  and  a
    patient  within  the  scope  of  the  profession  of  the
    physician;
         (2)  a  licensed  and  practicing  psychologist to a
    patient  within  the  scope  of  the  profession  of  the
    psychologist;
         (3)  a licensed and practicing attorney-at-law and a
    client within the scope of the profession of the lawyer;
         (4)  a practicing clergyman and a  confidant  within
    the scope of the profession of the clergyman;
         (5)  a practicing journalist within the scope of his
    profession;
         (6)  spouses  within  the  scope  of  their  marital
    relationship; or
         (7)  a  licensed  and  practicing social worker to a
    client within the scope of the profession of  the  social
    worker.
    (r)  "Retired  law  enforcement  officer" means a person:
(1) who is a graduate  of  a  police  training  institute  or
academy,   who  after  graduating  served  for  at  least  15
consecutive  years  as  a  sworn,  full-time  peace   officer
qualified   to  carry  firearms  for  any  federal  or  State
department or agency or for any unit of local  government  of
Illinois;  (2)  who has retired as a local, State, or federal
peace officer in a publicly created peace officer  retirement
system;   and  (3)  whose  service  in  law  enforcement  was
honorably terminated through retirement or disability and not
as a result of discipline, suspension, or discharge.
(Source: P.A. 86-391; 86-763; 86-1028; 86-1206; 87-530.)

    (725 ILCS 5/108B-1.5 new)
    Sec. 108B-1.5.  Retired law enforcement officer.  Nothing
in  this Article authorizes a retired law enforcement officer
to display or use a firearm at any time.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 07, 2002.
    Governor Amendatory Veto August 02, 2002.
    General Assembly Accepts Amendatory Veto December 04, 2002.
    Returned to Governor for Certification December 11, 2002.
    Governor Certifies Changes January 03, 2003.

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