98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0811

 

Introduced 1/25/2013, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/14-1  from Ch. 38, par. 14-1

    Amends the Criminal Code of 2012. Makes a technical change in a Section concerning eavesdropping.


LRB098 03647 RLC 33663 b

 

 

A BILL FOR

 

HB0811LRB098 03647 RLC 33663 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 14-1 as follows:
 
6    (720 ILCS 5/14-1)  (from Ch. 38, par. 14-1)
7    Sec. 14-1. Definition.
8    (a) Eavesdropping device.
9    An eavesdropping device is any device capable of being used
10to hear or record oral conversation or intercept, retain, or
11transcribe electronic communications whether such conversation
12or electronic communication is conducted in person, by
13telephone, or by any other means; Provided, however, that that
14this definition shall not include devices used for the
15restoration of the deaf or hard-of-hearing to normal or partial
16hearing.
17    (b) Eavesdropper.
18    An eavesdropper is any person, including law enforcement
19officers, who is a principal, as defined in this Article, or
20who operates or participates in the operation of any
21eavesdropping device contrary to the provisions of this
22Article.
23    (c) Principal.

 

 

HB0811- 2 -LRB098 03647 RLC 33663 b

1    A principal is any person who:
2        (1) Knowingly employs another who illegally uses an
3    eavesdropping device in the course of such employment; or
4        (2) Knowingly derives any benefit or information from
5    the illegal use of an eavesdropping device by another; or
6        (3) Directs another to use an eavesdropping device
7    illegally on his behalf.
8    (d) Conversation.
9    For the purposes of this Article, the term conversation
10means any oral communication between 2 or more persons
11regardless of whether one or more of the parties intended their
12communication to be of a private nature under circumstances
13justifying that expectation.
14    (e) Electronic communication.
15    For purposes of this Article, the term electronic
16communication means any transfer of signs, signals, writing,
17images, sounds, data, or intelligence of any nature transmitted
18in whole or part by a wire, radio, pager, computer,
19electromagnetic, photo electronic or photo optical system,
20where the sending and receiving parties intend the electronic
21communication to be private and the interception, recording, or
22transcription of the electronic communication is accomplished
23by a device in a surreptitious manner contrary to the
24provisions of this Article. Electronic communication does not
25include any communication from a tracking device.
26    (f) Bait car.

 

 

HB0811- 3 -LRB098 03647 RLC 33663 b

1    For purposes of this Article, the term bait car means any
2motor vehicle that is not occupied by a law enforcement officer
3and is used by a law enforcement agency to deter, detect,
4identify, and assist in the apprehension of an auto theft
5suspect in the act of stealing a motor vehicle.
6(Source: P.A. 95-258, eff. 1-1-08.)