(725 ILCS 5/108B-1)
(from Ch. 38, par. 108B-1)
For the purpose of this Article:
(a) "Aggrieved person" means a person who was a party to any intercepted
private 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
communications, the Chief Judge of the Circuit
Court wherein the application for order of interception is filed, or a Circuit
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
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
Judge's power is rescinded by the Chief Judge.
(c) "Communications common carrier" means any person engaged as a common
carrier in the transmission of communications by wire or radio,
not including radio broadcasting.
(d) "Contents" includes information obtained from
communication concerning the existence, substance,
purport or meaning of the communication, or the identity of a party of the
(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.
(g-1) "Electronic communication" means any transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature transmitted in
whole or part by a wire, radio, pager, computer, or electromagnetic, photo
electronic, or photo optical system where the sending and receiving parties
intend the electronic communication to be private and the interception,
recording, or transcription of the electronic communication is accomplished by
a device in a surreptitious manner contrary to the provisions of this Article.
"Electronic communication" does not include:
(1) any wire or oral communication; or
(2) any communication from a tracking device.
(h) "Electronic criminal surveillance device" or "eavesdropping device"
means any device or apparatus, or computer program including an induction
coil, that can be used to intercept private
communication 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
A retired law enforcement officer may be certified by the Illinois State
Police only to (i) prepare petitions for the authority to intercept private
communications in accordance with the provisions of this Act; (ii)
intercept and supervise the interception of private communications;
handle, safeguard, and use evidence derived from such private
communications; and (iv) operate and maintain equipment used to intercept
(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 or other acquisition of the contents of
any private communication through the use of any
(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 communication" means a wire,
oral, or electronic communication
uttered or transmitted 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
(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
(6) spouses within the scope of their marital
(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,
(Source: P.A. 95-331, eff. 8-21-07.)