SB2987 96TH GENERAL ASSEMBLY

LRB096 14815 RLC 29678 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2987

Introduced 2/3/2010, by Sen. John J. Millner

SYNOPSIS AS INTRODUCED:

720 ILCS 5/14-6

from Ch. 38, par. 14-6

Amends the Criminal Code of 1961. Provides that parties to an electronic communication intercepted contrary to the Eavesdropping Article of the Code are entitled to the civil remedies prescribed in that Article.

A BILL FOR

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 14-6 as follows:

(720 ILCS 5/14-6) (from Ch. 38, par. 14-6)

Sec. 14-6. Civil remedies to injured parties. (1) Any or all parties to any conversation or electronic communication upon which eavesdropping is practiced contrary to this Article shall be entitled to the following remedies:

(a) To an injunction by the circuit court prohibiting further eavesdropping by the eavesdropper and by or on behalf of his principal, or either;

(b) To all actual damages against the eavesdropper or his principal or both;

(c) To any punitive damages which may be awarded by the court or by a jury;

(d) To all actual damages against any landlord, owner or building operator, or any common carrier by wire who aids, abets, or knowingly permits the eavesdropping concerned;

(e) To any punitive damages which may be awarded by the court or by a jury against any landlord, owner or building operator, or common carrier by wire who aids, abets, or knowingly permits the eavesdropping concerned.

(2) No cause of action shall lie in any court against any common carrier by wire or its officers, agents or employees for providing information, assistance or facilities in accordance with the terms of a court order entered under Article 108A of the Code of Criminal Procedure of 1963.

(Source: P.A. 85-868.)