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91_HB2766
LRB9105377KSmb
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 14-2.
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 Section 14-2 as follows:
7 (720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
8 Sec. 14-2. Elements of the offense; affirmative defense.
9 A person commits eavesdropping when he or she:
10 (a) Uses an eavesdropping device to hear or record all
11 or any part of any conversation unless he does so (1) with
12 the consent of all of the parties to such conversation or (2)
13 in accordance with Article 108A or Article 108B of the "Code
14 of Criminal Procedure of 1963", approved August 14, 1963, as
15 amended; or
16 (b) Uses or divulges, except as authorized by this
17 Article or by Article 108A or 108B of the "Code of Criminal
18 Procedure of 1963", approved August 14, 1963, as amended, any
19 information which he knows or reasonably should know was
20 obtained through the use of an eavesdropping device.
21 (c) It is an affirmative defense to a charge brought
22 under this Article relating to the interception of a
23 privileged communication that the person charged:
24 1. was a law enforcement officer acting pursuant to an
25 order of interception, entered pursuant to Section 108A-1 or
26 108B-5 of the Code of Criminal Procedure of 1963; and
27 2. at the time the communication was intercepted, the
28 officer was unaware that the communication was privileged;
29 and
30 3. stopped the interception within a reasonable time
31 after discovering that the communication was privileged; and
-2- LRB9105377KSmb
1 4. did not disclose the contents of the communication.
2 (Source: P.A. 85-1203.)