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Public Act 094-0183


 

Public Act 0183 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0183
 
HB0884 Enrolled LRB094 05975 RLC 36031 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Section 14-2 as follows:
 
    (720 ILCS 5/14-2)  (from Ch. 38, par. 14-2)
    Sec. 14-2. Elements of the offense; affirmative defense.
    (a) A person commits eavesdropping when he:
        (1) Knowingly and intentionally uses an eavesdropping
    device for the purpose of hearing or recording all or any
    part of any conversation or intercepts, retains, or
    transcribes electronic communication unless he does so (A)
    with the consent of all of the parties to such conversation
    or electronic communication or (B) in accordance with
    Article 108A or Article 108B of the "Code of Criminal
    Procedure of 1963", approved August 14, 1963, as amended;
    or
        (2) Manufactures, assembles, distributes, or possesses
    any electronic, mechanical, eavesdropping, or other device
    knowing that or having reason to know that the design of
    the device renders it primarily useful for the purpose of
    the 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
    provisions of this Article; or
        (3) Uses or divulges, except as authorized by this
    Article or by Article 108A or 108B of the "Code of Criminal
    Procedure of 1963", approved August 14, 1963, as amended,
    any information which he knows or reasonably should know
    was obtained through the use of an eavesdropping device.
    (b) It is an affirmative defense to a charge brought under
this Article relating to the interception of a privileged
communication that the person charged:
        1. was a law enforcement officer acting pursuant to an
    order of interception, entered pursuant to Section 108A-1
    or 108B-5 of the Code of Criminal Procedure of 1963; and
        2. at the time the communication was intercepted, the
    officer was unaware that the communication was privileged;
    and
        3. stopped the interception within a reasonable time
    after discovering that the communication was privileged;
    and
        4. did not disclose the contents of the communication.
    (c) It is not unlawful for a manufacturer or a supplier of
eavesdropping devices, or a provider of wire or electronic
communication services, their agents, employees, contractors,
or venders to manufacture, assemble, sell, or possess an
eavesdropping device within the normal course of their business
for purposes not contrary to this Article or for law
enforcement officers and employees of the Illinois Department
of Corrections to manufacture, assemble, purchase, or possess
an eavesdropping device in preparation for or within the course
of their official duties.
    (d) The interception, recording, or transcription of an
electronic communication by an employee of a penal institution
the Illinois Department of Corrections is not prohibited under
this Act, provided that the interception, recording, or
transcription is:
        (1) otherwise legally permissible under Illinois law;
        (2) conducted with the approval of the penal
    institution Illinois Department of Corrections for the
    purpose of investigating or enforcing a State criminal law
    or a penal institution Department rule or regulation with
    respect to inmates in the institution persons committed to
    the Department; and
        (3) within the scope of the employee's official duties.
    For the purposes of this subsection (d), "penal
institution" has the meaning ascribed to it in clause (c)(1) of
Section 31A-1.1.
(Source: P.A. 91-657, eff. 1-1-00.)

Effective Date: 1/1/2006