90th General Assembly
Summary of HB2469
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House Sponsors:
FRITCHEY-ACEVEDO-MCAULIFFE-SAVIANO-FEIGENHOLTZ, KENNER, 
   MCKEON, SILVA, LYONS,JOSEPH, BROSNAHAN, GASH, BRADLEY AND HOWARD.

Senate Sponsors:
CULLERTON

Short description: 
CRIM CD-AGGRVTD DSCHRG-FIREARM                                             

Synopsis of Bill as introduced:
        Amends  the  Criminal  Code  of  1961.   Increases  penalty   for      
   aggravated  discharge  of a firearm committed in a school, on the real      
   property comprising a  school,  or  within  1,000  feet  of  the  real      
   property  comprising  a  school  from  a  Class  1 felony to a Class X      
   felony.  Effective immediately.                                             
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          720 ILCS 5/24-1.2                                                    
          Adds reference to:                                                   
          720 ILCS 5/14-1                 from Ch. 38, par. 14-1               
          720 ILCS 5/14-2                 from Ch. 38, par. 14-2               
          720 ILCS 5/14-3                 from Ch. 38, par. 14-3               
          720 ILCS 5/14-4                 from Ch. 38, par. 14-4               
          720 ILCS 5/16F-3                                                     
          725 ILCS 5/108B-1               from Ch. 38, par. 108B-1             
          730 ILCS 5/5-5-3                                                     
        Deletes everything. Amends the Criminal Code of 1961. Includes in      
   the defintion of "eavesdropping device" pagers and fax machines.            
   Includes in the definition of "eavesdropper" a person who manufactured      
   or possesses an eavesdropping device knowing that the device  will  be      
   used  to  receive wireless or telephone service without the consent of      
   the service  subscriber  or  user.   Includes  in  the  definition  of      
   "conversation"  telephonic,  electronic, or radio communication in the      
   form of  signs,  signals,  writings,  images,  or  sounds  transmitted      
   through a wireless or telephonic service.  Provides that eavesdropping      
   of  a  conversation  including  a  peace  officer,  State's  Attorney,      
   Attorney  General,  Judges, or members of the General Assembly engaged      
   in the performance of their official  duties  is  a  Class  1  felony.      
   Provides  that  if  the  theft  of a wireless service is committed and      
   during the course of the theft the user utilizes the stolen service to      
   commit or aid in the commission of a separate felony, the theft  is  a      
   nonprobationable  Class  1  felony.   Exempts  from  eavesdropping the      
   recording  by   law   enforcement   officers   of   conversations   or      
   communications  that  do  not  qualify as private oral communications.      
   Provides that these communications shall be  admissible  in  criminal,      
   civil,  and administrative proceedings. Amends the Electronic Criminal      
   Surveillance Article of  the  Code  of  Criminal  Procedure  of  1963.      
   Includes  an  "electronic communication" in the definition of "private      
   oral communication".  Provides that  all  wire,  electronic,  or  oral      
   communications  that are made during the course of theft of a wireless      
   service or any other  unauthorized  service  of  a  telecommunications      
   device  are  circumstances  that  do  not  justify  an  expectation of      
   privacy.      Defines    "telecommunication    device",    "electronic      
   communication",  and  "electronic  stored  communication".  Amends the      
   Unified Code of Corrections.  Provides  that  a  person  convicted  of      
   theft  of  a  wireless  service  when the user utilizes the service to      
   commit a separate felony  is  not  eligible  for  probation,  periodic      
   imprisonment, or conditional discharge.                                     
          FISCAL NOTE (Dpt. of Corrections)                                    
          Impact: corrections population, 53 inmates; fiscal, $4,061,900.      
          CORRECTIONAL NOTE                                                    
          No change from DOC fiscal note.                                      
          FISCAL NOTE, H-AM 1 (Dpt. of Corrections)                            
          The corrections population and fiscal impact is minimal.             
          CORRECTIONAL NOTE, H-AM 1                                            
          No change from DOC fiscal note, amended.                             
          JUDICIAL NOTE, H-AM 1 (Admin. Office of Ill. Courts)                 
          No decrease or increase in need for number of judges in State.       
          FISCAL NOTE, H-AM 1 (Admin. Office of Ill. Courts)                   
          No fiscal impact on the Judicial branch.                             
        HOUSE AMENDMENT NO. 2.                                                 
          Adds reference to:                                                   
          720 ILCS 5/24-1.2               from Ch. 38, par. 24-1.2             
        Amends  the  Criminal  Code  of  1961.   Increases  penalty   for      
   aggravated discharge of a firearm committed in a school or on the real      
   property  comprising  a  school,  from  a  Class 1 felony to a Class X      
   felony.  Effective immediately.                                             
          FISCAL NOTE, H-AM 2 (Office of Ill. Courts)                          
          No change from previous fiscal note.                                 
 
Last action on Bill: SESSION SINE DIE

   Last action date: 99-01-12

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   0


   END OF INQUIRY 
                                                                               



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