State of Illinois
91st General Assembly
Legislation

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[ Senate Amendment 003 ]

91_HB0526eng

 
HB0526 Engrossed                               LRB9102239RCks

 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Sections 14-1, 14-2, and 14-4.

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

 5        Section  5.  The  Criminal  Code  of  1961  is amended by
 6    changing Sections 14-1, 14-2, and 14-4 as follows:

 7        (720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
 8        Sec. 14-1. Definitions.  In this Article: Definition.
 9        (a)  Eavesdropping device.
10        An eavesdropping device is any device  capable  of  being
11    used  to  hear  or  record  oral  conversation  whether  such
12    conversation  is conducted in person, by telephone, or by any
13    other means; and  includes  any  device,  including  but  not
14    limited  to  pagers  and  fax  machines, capable of receiving
15    telephonic, electronic, or radio communications in  the  form
16    of  signs,  signals,  writings,  images,  or  sounds  from  a
17    wireless  or  telephone  service  without  the consent of the
18    service subscriber or  user;  Provided,  however,  that  this
19    definition shall not include devices used for the restoration
20    of the deaf or hard-of-hearing to normal or partial hearing.
21        (b)  Eavesdropper.
22        An  eavesdropper is any person, including law enforcement
23    officers, who  manufactures  or  possesses  an  eavesdropping
24    device  knowing  that  the device will be used to receive the
25    wireless or telephone service  without  the  consent  of  the
26    service  subscriber  or user, or who operates or participates
27    in the operation of any eavesdropping device contrary to  the
28    provisions of this Article.
29        (c)  Principal.
30        A principal is any person who:
31             (1)  Knowingly employs another who illegally uses an
 
HB0526 Engrossed            -2-                LRB9102239RCks
 1        eavesdropping device in the course of such employment; or
 2             (2)  Knowingly  derives  any  benefit or information
 3        from the  illegal  use  of  an  eavesdropping  device  by
 4        another; or
 5             (3)  Directs  another to use an eavesdropping device
 6        illegally on his behalf.
 7        (d)  Conversation.
 8        For the purposes of this Article, the  term  conversation
 9    means  any  oral  communication or telephonic, electronic, or
10    radio communication in the form of signs, signals,  writings,
11    images,   or   sounds   transmitted  through  a  wireless  or
12    telephonic service between 2 or more  persons  regardless  of
13    whether   one   or   more   of  the  parties  intended  their
14    communication to be of a private nature  under  circumstances
15    justifying that expectation.
16    (Source: P.A. 88-677, eff. 12-15-94.)

17        (720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
18        Sec. 14-2.  Elements of the offense; affirmative defense.
19    A person commits eavesdropping when he:
20        (a)  Uses  an eavesdropping device or facilitates the use
21    of an eavesdropping device by manufacturing or possessing  an
22    eavesdropping  device  knowing  that the eavesdropping device
23    will be used to observe, hear, or record all or any  part  of
24    any  conversation  unless  he does so (1) with the consent of
25    all of the parties to such conversation or (2) in  accordance
26    with  Article  108A  or Article 108B of the "Code of Criminal
27    Procedure of 1963", approved August 14, 1963, as amended; or
28        (b)  Uses or  divulges,  except  as  authorized  by  this
29    Article  or  by Article 108A or 108B of the "Code of Criminal
30    Procedure of 1963", approved August 14, 1963, as amended, any
31    information which he knows  or  reasonably  should  know  was
32    obtained through the use of an eavesdropping device.
33        (c)  It  is  an  affirmative  defense to a charge brought
 
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 1    under  this  Article  relating  to  the  interception  of   a
 2    privileged communication that the person charged:
 3        1.  was  a  law enforcement officer acting pursuant to an
 4    order of interception, entered pursuant to Section 108A-1  or
 5    108B-5 of the Code of Criminal Procedure of 1963; and
 6        2.  at  the  time  the communication was intercepted, the
 7    officer was unaware that the  communication  was  privileged;
 8    and
 9        3.  stopped  the  interception  within  a reasonable time
10    after discovering that the communication was privileged; and
11        4.  did not disclose the contents of the communication.
12    (Source: P.A. 85-1203.)

13        (720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
14        Sec. 14-4. 14.4.  Sentence.)
15        (a)  Eavesdropping, for a first offense,  is  a  Class  4
16    felony, and, for a second or subsequent offense, is a Class 3
17    felony.
18        (b)  Eavesdropping  of a conversation involving any peace
19    officer, State's Attorney, Assistant  State's  Attorney,  the
20    Attorney  General,  Assistant  Attorney  General,  Judge,  or
21    member  of  the General Assembly of this State engaged in the
22    performance of his or  her  official  duties  is  a  Class  X
23    felony.
24    (Source: P.A. 79-781; revised 3-12-98.)

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