HB5194 96TH GENERAL ASSEMBLY

LRB096 17146 RLC 32476 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5194

Introduced 2/1/2010, by Rep. Dan Brady

SYNOPSIS AS INTRODUCED:

20 ILCS 2615/11 new
20 ILCS 2615/12 new

Amends the State Police Radio Act. Provides that a person receiving public safety voice or data communication transmitted via the facilities of the State's public safety radio system by wire or radio shall not, without the written authority of the originator of the communication, rebroadcast the communication via any means, including radio or Internet, or otherwise divulge or publish the existence, contents, substance, purport, effect, or meaning thereof. Provides that this provision does not apply to the public safety radio communication transmitted by any system station for the use of the general public, including Amber Alerts and other communications specifically intended for rebroadcast to the public. Provides that radio access to the public safety radio system within the State may only be accomplished upon receipt of written authorization granted by the appropriately licensed authority. Provides that a violation of these provisions is a Class A misdemeanor. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Police Radio Act is amended by adding Sections 11 and 12 as follows:

(20 ILCS 2615/11 new)

Sec. 11. Unauthorized rebroadcast via radio or Internet of intercepted radio communications prohibited.

(a) A person receiving public safety voice or data communication transmitted via the facilities of the State's public safety radio system by wire or radio shall not, without the written authority of the originator of the communication, rebroadcast the communication via any means, including radio or Internet, or otherwise divulge or publish the existence, contents, substance, purport, effect, or meaning thereof.

(b) This Section does not apply to the public safety radio communication transmitted by any system station for the use of the general public, including Amber Alerts and other communications specifically intended for rebroadcast to the public.

(c) Sentence. The unlawful rebroadcast of intercepted radio communications in violation of this Section is a Class A misdemeanor.

(20 ILCS 2615/12 new)

Sec. 12. Use of public safety radio system by unauthorized radios.

(a) Radio access to the public safety radio system within the State may only be accomplished upon receipt of written authorization granted by the appropriately licensed authority. No person shall gain access to, or the ability to transmit on, a public safety radio system (i) by changing, or causing to be changed, the hardware, firmware, or software of a radio unit causing it to duplicate the identity of a radio unit operating on the system with proper authority or (ii) by cloning.

(b) Unauthorized access to the State's radio system in violation of this Section is a Class A misdemeanor.

Section 99. Effective date. This Act takes effect upon becoming law.