Illinois General Assembly - Full Text of HB1108
Illinois General Assembly

Previous General Assemblies

Full Text of HB1108  102nd General Assembly



State of Illinois
2021 and 2022


Introduced 2/17/2021, by Rep. Emanuel Chris Welch


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.

LRB102 03122 RLC 13135 b





HB1108LRB102 03122 RLC 13135 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
5changing Section 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
10used to hear or record oral conversation or intercept, or
11transcribe electronic communications whether such conversation
12or electronic communication is conducted in person, by
13telephone, or by any other means; Provided, however, that that
14this definition shall not include devices used for the
15restoration of the deaf or hard-of-hearing to normal or
16partial hearing.
17    (b) Eavesdropper.
18    An eavesdropper is any person, including any law
19enforcement officer and any party to a private conversation,
20who operates or participates in the operation of any
21eavesdropping device contrary to the provisions of this
22Article or who acts as a principal, as defined in this Article.
23    (c) Principal.



HB1108- 2 -LRB102 03122 RLC 13135 b

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



HB1108- 3 -LRB102 03122 RLC 13135 b

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