91st General Assembly
Status of HB0526
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FRITCHEY-BROSNAHAN AND BOLAND.

(DUDYCZ-CULLERTON)

   720 ILCS 5/14-1           from Ch. 38, par. 14-1                            
   720 ILCS 5/14-2           from Ch. 38, par. 14-2                            
   720 ILCS 5/14-4           from Ch. 38, par. 14-4                            

        Amends the Criminal Code of 1961.  Includes in the definition  of      
   "eavesdropping  device"  a  pager  or fax machine capable of receiving      
   telephonic, electronic, or radio communications in the form of  signs,      
   signals,  writings,  images,  or  sounds  from a wireless or telephone      
   service without  the  consent  of  the  service  subscriber  or  user.      
   Defines  "eavesdropper"  to  include  a  person  who  manufactures  or      
   possesses an eavesdropping device knowing that the device will be used      
   to  receive  the  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 between 2 or more persons.      
   Includes as an eavesdropping violation  observing  a  conversation  by      
   using  or  facilitating  the use of an eavesdropping device.  Provides      
   that eavesdropping  of  a  conversation  involving  a  peace  officer,      
   State's  Attorney,  Assistant  State's Attorney, the Attorney General,      
   Assistant Attorney General, judge, or member of the  General  Assembly      
   engaged  in the performance of his or her official duties is a Class X      
   felony.                                                                     
          CORRECTIONAL NOTE (Dept. of Corrections)                             
          Corrections population and fiscal impacts would be minimal.          
          FISCAL NOTE (Dept. of State Police)                                  
          If HB526 became law, in excess of $100,000 worth of equipment        
          would be rendered useless and would have to be eliminated.           
        SENATE AMENDMENT NO. 3.                                                
        Deletes  everything  after  the  enacting  clause.   Amends   the      
   Criminal Code  of  1961  relating  to eavesdropping.  Includes, in the      
   definition of eavesdropping  device,  a  device  that  can  intercept,      
   retain,  or  transcribe, electronic  communications.   Provides that a      
   person  is  guilty  of  eavesdropping  who  manufactures,   assembles,      
   distributes, or possesses an electronic, mechanical, eavesdropping, or      
   other  device  knowing or having reason to know that the design of the      
   device renders  it  primarily  useful  for  surreptitious  hearing  or      
   recording  of  oral  conversations  or the interception, retention, or      
   transcription of electronic communications and the intended or  actual      
   use  of  the  device  is  contrary to the Eavesdropping Article of the      
   Code. Includes, in the definition of  "eavesdropping",  to  intercept,      
   retain,  or  transcribe, electronic  communication,  except  when  all      
   parties  consent or in accordance with the Judicial Supervision of the      
   Use of Eavesdropping Devices Article or the Electronic Criminal Sur-        
   veillance Article of the Code of Criminal Procedure of 1963. Provides       
   that the use of an eavesdropping device must be knowing and inten-          
   tional in order for the defendant to be liable for using an eaves-          
   dropping device for the purpose of hearing or recording conversation.       
   Provides that the eavesdropping of an oral conservation or an elec-         
   tronic communication between any law enforcement officer, State's           
   Attorney, Assistant State's Attorney, the Attorney General, Assistant       
   Attorney General, or a judge, when in the performance of his or her         
   official duties, if not authorized by the Eavesdropping Article of the      
   Code or Court order, is a Class 1 felony.                                   
        GOVERNOR'S AMENDATORY VETO MESSAGE                                     
        Recommends permitting employees of the Illinois Department of          
   Corrections to manufacture, assemble, purchase, or possess an eaves-        
   dropping device in preparation for or within the course of their            
   official duties and to intercept, record, or transcribe an electronic       
   communication if that interception, recording, or transcription is          
   (1) legally permissible under Illinois law, (2) conducted with the          
   approval of the Illinois Department of Corrections for the purpose          
   of investigating or enforcing a State criminal law or a Department          
   rule or regulation with respect to persons committed to the Depart-         
   ment, and (3) within the scope of the employee's official duties.           
   Adds a January 1, 2000 effective date.                                      
   99-02-03  H  FIRST READING                                                  
   99-02-03  H  ADDED AS A JOINT SPONSOR                 BROSNAHAN             
   99-02-03  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   99-02-10  H       ASSIGNED TO COMMITTEE               JUD-CRIMINAL          
   99-02-18  H  CORRECTIONAL NOTE FILED                                        
   99-02-18  H                   COMMITTEE               JUD-CRIMINAL          
   99-02-19  H                         FISCAL NOTE FILED                       
   99-02-19  H  DO PASS/SHORT DEBATE                     013-000-000   HJUB    
   99-02-19  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   99-02-24  H  SECOND READING-SHORT DEBATE                                    
   99-02-24  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   99-03-01  H  ADDED AS A CO-SPONSOR                    BOLAND                
   99-03-12  H  THIRD READING/SHORT DEBATE/PASSED        115-000-000           
   99-03-16  S  ARRIVE IN SENATE                                               
   99-03-16  S  PLACED CALENDAR ORDER OF FIRST READING   99-03-17              
   99-03-18  S  CHIEF SPONSOR                            CULLERTON             
   99-03-18  S  FIRST READING                                                  
   99-03-18  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   99-04-27  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   99-04-28  S  SPONSOR REMOVED                          CULLERTON             
   99-04-28  S  ALTERNATE CHIEF SPONSOR CHANGED TO       DUDYCZ                
   99-04-28  S  ADDED AS A CHIEF CO-SPONSOR              CULLERTON             
   99-05-05  S       DO PASS                             008-001-001   SJUD    
   99-05-05  S  PLACED ON CALENDAR ORDER OF 2ND READING  99-05-06              
   99-05-11  S  FILED WITH SECRETARY                                           
   99-05-11  S                             AMENDMENT NO. 01-DUDYCZ             
   99-05-11  S                     AMENDMENT REFERRED TO SRUL                  
   99-05-12  S                             AMENDMENT NO. 01-DUDYCZ             
   99-05-12  S                           RULES REFERS TO SJUD                  
   99-05-12  S                             AMENDMENT NO. 01-DUDYCZ             
   99-05-12  S                         HELD IN COMMITTEE SJUD                  
   99-05-12  S  FILED WITH SECRETARY                                           
   99-05-12  S                             AMENDMENT NO. 02-DUDYCZ             
   99-05-12  S                     AMENDMENT REFERRED TO SRUL                  
   99-05-13  S  FILED WITH SECRETARY                                           
   99-05-13  S                             AMENDMENT NO. 03-DUDYCZ             
   99-05-13  S                     AMENDMENT REFERRED TO SRUL                  
   99-05-13  S                             AMENDMENT NO. 02-DUDYCZ             
   99-05-13  S                           RULES REFERS TO SJUD                  
   99-05-13  S                             AMENDMENT NO. 03-DUDYCZ             
   99-05-13  S                           RULES REFERS TO SJUD                  
   99-05-13  S                             AMENDMENT NO. 02-DUDYCZ             
   99-05-13  S                         HELD IN COMMITTEE SJUD                  
   99-05-13  S                             AMENDMENT NO. 03-DUDYCZ             
   99-05-13  S             BE APPROVED FOR CONSIDERATION SJUD/010-000-000      
   99-05-13  S  SECOND READING                                                 
   99-05-13  S                             AMENDMENT NO. 03-DUDYCZ             
   99-05-13  S                                   ADOPTED                       
   99-05-13  S  PLACED ON CALENDAR ORDER OF 3RD READING  99-05-14              
   99-05-14  S  THIRD READING - PASSED                   056-000-000           
   99-05-14  S  TABLED PURSUANT TO RULE                  5-4(A) SA'S 01,02     
   99-05-14  S  THIRD READING - PASSED                   056-000-000           
   99-05-14  H  ARRIVE IN HOUSE                                                
   99-05-14  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  03                    
   99-05-17  H  MOTION FILED CONCUR                      03/FRITCHEY           
   99-05-17  H                        MOTION REFERRED TO HRUL                  
   99-05-17  H  CALENDAR ORDER OF CONCURRENCE            03                    
   99-05-19  H             BE APPROVED FOR CONSIDERATION 03/HRUL               
   99-05-19  H  HSE CONCURS IN SEN AMENDMENTS (NO.)      03/117-000-000        
   99-05-19  H  PASSED BOTH HOUSES                                             
   99-06-17  H  SENT TO THE GOVERNOR                                           
   99-08-14  H  GOVERNOR AMENDATORY VETO                                       
   99-08-14  H  PLACED CALENDAR AMENDATORY VETO          NOVEMBER 16, 1999     
   99-11-17  H  MOTION FILED ACCEPT AMENDATORY VETO      #1/FRITCHEY           
   99-11-17  H                        MOTION REFERRED TO HRUL                  
   99-11-17  H  PLACED CALENDAR AMENDATORY VETO                                
   99-11-18  H  APPROVED FOR CONSIDERATION - COMPLIANCE  HRUL/004-000-000      
   99-11-18  H                         3/5 VOTE REQUIRED                       
   99-11-18  H  ACCEPT AMENDATORY VETO - HOUSE PASSED    118-000-000           
   99-11-18  S  PLACED CALENDAR AMENDATORY VETO          NOVEMBER 30, 1999     
   99-11-30  S  MOTION FILED ACCEPT AMENDATORY VETO      DUDYCZ                
   99-12-01  S  ACCEPT AMENDATORY VETO - SENATE PASSED   058-000-000           
   99-12-01  H  BOTH HOUSES ACCEPT AMENDATORY VETO                             
   99-12-08  H  RETURNED TO GOVERNOR FOR CERTIFICATION                         
   99-12-22  H  GOVERNOR CERTIFIES CHANGES                                     
   99-12-22  H                            EFFECTIVE DATE 00-01-01              
   99-12-22  H  PUBLIC ACT.............................. 91-0657               

   END OF INQUIRY 



 Full Text  Bill Summary