99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1349

 

Introduced 2/18/2015, by Sen. Antonio Muņoz

 

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.


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A BILL FOR

 

SB1349LRB099 08933 RLC 29106 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. Definitions.
8    (a) Eavesdropping device.
9    An eavesdropping device is any device capable of being used
10to hear or record oral conversation or intercept, or transcribe
11electronic communications whether such conversation or
12electronic communication is conducted in person, by telephone,
13or by any other means; Provided, however, that that this
14definition shall not include devices used for the restoration
15of the deaf or hard-of-hearing to normal or partial hearing.
16    (b) Eavesdropper.
17    An eavesdropper is any person, including any law
18enforcement officer and any party to a private conversation,
19who operates or participates in the operation of any
20eavesdropping device contrary to the provisions of this Article
21or who acts as a principal, as defined in this Article.
22    (c) Principal.
23    A principal is any person who:

 

 

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1        (1) Knowingly employs another who illegally uses an
2    eavesdropping device in the course of such employment; or
3        (2) Knowingly derives any benefit or information from
4    the illegal use of an eavesdropping device by another; or
5        (3) Directs another to use an eavesdropping device
6    illegally on his or her behalf.
7    (d) Private conversation.
8    For the purposes of this Article, "private conversation"
9means any oral communication between 2 or more persons, whether
10in person or transmitted between the parties by wire or other
11means, when one or more of the parties intended the
12communication to be of a private nature under circumstances
13reasonably justifying that expectation. A reasonable
14expectation shall include any expectation recognized by law,
15including, but not limited to, an expectation derived from a
16privilege, immunity, or right established by common law,
17Supreme Court rule, or the Illinois or United States
18Constitution.
19    (e) Private electronic communication.
20    For purposes of this Article, "private electronic
21communication" means any transfer of signs, signals, writing,
22images, sounds, data, or intelligence of any nature transmitted
23in whole or part by a wire, radio, pager, computer,
24electromagnetic, photo electronic or photo optical system,
25when the sending or receiving party intends the electronic
26communication to be private under circumstances reasonably

 

 

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1justifying that expectation. A reasonable expectation shall
2include any expectation recognized by law, including, but not
3limited to, an expectation derived from a privilege, immunity,
4or right established by common law, Supreme Court rule, or the
5Illinois or United States Constitution. Electronic
6communication does not include any communication from a
7tracking device.
8    (f) Bait car.
9    For purposes of this Article, "bait car" means any motor
10vehicle that is not occupied by a law enforcement officer and
11is used by a law enforcement agency to deter, detect, identify,
12and assist in the apprehension of an auto theft suspect in the
13act of stealing a motor vehicle.
14    (g) Surreptitious.
15    For purposes of this Article, "surreptitious" means
16obtained or made by stealth or deception, or executed through
17secrecy or concealment.
18(Source: P.A. 98-1142, eff. 12-30-14.)