House Sponsors: FRITCHEY-BROSNAHAN AND BOLAND. Senate Sponsors: DUDYCZ-CULLERTON Short description: CRIM CD-EAVESDROPPNG DEFINITNS Synopsis of Bill as introduced: 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. Last action on Bill: PUBLIC ACT.............................. 91-0657 Last action date: 99-12-22 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 0 SENATE - 1 END OF INQUIRY Full Text Bill Status