State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0657

HB0526 Re-Enrolled                             LRB9102239RCks

    AN ACT concerning criminal law.

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

    Section 5.  The Criminal  Code  of  1961  is  amended  by
changing  Sections  14-1  and  14-2  and  by  renumbering and
changing Section 14.4 as follows:

    (720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
    Sec. 14-1. Definition.
    (a)  Eavesdropping device.
    An eavesdropping device is any device  capable  of  being
used  to  hear  or  record  oral  conversation  or intercept,
retain, or transcribe electronic communications whether  such
conversation  or  electronic  communication  is  conducted in
person, by  telephone,  or  by  any  other  means;  Provided,
however,  that this definition shall not include devices used
for the restoration of the deaf or hard-of-hearing to  normal
or partial hearing.
    (b)  Eavesdropper.
    An  eavesdropper is any person, including law enforcement
officers, who is a principal, as defined in this Article,  or
who   operates  or  participates  in  the  operation  of  any
eavesdropping device  contrary  to  the  provisions  of  this
    (c)  Principal.
    A principal is any person who:
         (1)  Knowingly employs another who illegally uses an
    eavesdropping device in the course of such employment; or
         (2)  Knowingly  derives  any  benefit or information
    from the  illegal  use  of  an  eavesdropping  device  by
    another; or
         (3)  Directs  another to use an eavesdropping device
    illegally on his behalf.
    (d)  Conversation.
    For the purposes of this Article, the  term  conversation
means  any  oral  communication  between  2  or  more persons
regardless of whether one or more  of  the  parties  intended
their   communication   to  be  of  a  private  nature  under
circumstances justifying that expectation.
    (e)  Electronic communication.
    For  purposes  of  this  Article,  the  term   electronic
communication  means any transfer of signs, signals, writing,
images,  sounds,  data,  or  intelligence   of   any   nature
transmitted  in  whole  or  part  by  a  wire,  radio, pager,
computer, electromagnetic, photo electronic or photo  optical
system,  where  the  sending and receiving parties intend the
electronic communication to be private and the  interception,
recording,  or  transcription of the electronic communication
is  accomplished  by  a  device  in  a  surreptitious  manner
contrary to  the  provisions  of  this  Article.   Electronic
communication  does  not  include  any  communication  from a
tracking device.
(Source: P.A. 88-677, eff. 12-15-94.)

    (720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
    Sec. 14-2.  Elements of the offense; affirmative defense.
    (a)  A person commits eavesdropping when he:
         (1)  (a)  Knowingly  and   intentionally   uses   an
    eavesdropping  device  for  the  purpose  of  hearing  or
    recording  to  hear  or  record  all  or  any part of any
    conversation  or  intercepts,  retains,  or   transcribes
    electronic  communication  unless he does so (A) (1) with
    the consent of all of the parties to such conversation or
    electronic communication or (B) (2)  in  accordance  with
    Article  108A  or  Article  108B of the "Code of Criminal
    Procedure of 1963", approved August 14, 1963, as amended;
         (2)  Manufactures,   assembles,   distributes,    or
    possesses  any  electronic, mechanical, eavesdropping, or
    other device knowing that or having reason to  know  that
    the  design of the device renders it primarily useful for
    the purpose of the 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
    provisions of this Article; or
         (3) (b)  Uses or divulges, except as  authorized  by
    this  Article  or by Article 108A or 108B of the "Code of
    Criminal Procedure of 1963", approved August 14, 1963, as
    amended, any information which  he  knows  or  reasonably
    should   know   was   obtained  through  the  use  of  an
    eavesdropping device.
    (b) (c)  It is an affirmative defense to a charge brought
under  this  Article  relating  to  the  interception  of   a
privileged communication that the person charged:
         1.  was a law enforcement officer acting pursuant to
    an  order  of  interception,  entered pursuant to Section
    108A-1 or 108B-5 of the Code  of  Criminal  Procedure  of
    1963; and
         2.  at  the  time the communication was intercepted,
    the  officer  was  unaware  that  the  communication  was
    privileged; and
         3.  stopped the  interception  within  a  reasonable
    time   after   discovering  that  the  communication  was
    privileged; and
         4.  did   not   disclose   the   contents   of   the
    (c)  It is not unlawful for a manufacturer or a  supplier
of eavesdropping devices, or a provider of wire or electronic
communication services, their agents, employees, contractors,
or  venders  to  manufacture,  assemble,  sell, or possess an
eavesdropping  device  within  the  normal  course  of  their
business for purposes not contrary to this Article or for law
enforcement officers and employees of the Illinois Department
of  Corrections   to  manufacture,  assemble,  purchase,   or
possess  an eavesdropping device in preparation for or within
the course of their official duties.
    (d)  The interception, recording, or transcription of  an
electronic  communication  by  an  employee  of  the Illinois
Department of Corrections is not prohibited under  this  Act,
provided  that  the interception, recording, or transcription
         (1)  otherwise legally  permissible  under  Illinois
         (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 Department; and
         (3)  within  the  scope  of  the employee's official
(Source: P.A. 85-1203.)

    (720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
    Sec. 14-4. 14.4.  Sentence.)
    (a)  Eavesdropping, for a first offense,  is  a  Class  4
felony, and, for a second or subsequent offense, is a Class 3
    (b)  The  eavesdropping  of  an  oral  conversation or an
electronic communication between any law enforcement officer,
State's Attorney, Assistant State's  Attorney,  the  Attorney
General, Assistant Attorney General, or a judge, while in the
performance  of his or her official duties, if not authorized
by this Article or proper court order, is a Class 1 felony.
(Source: P.A. 79-781; revised 3-12-98.)

    Section 99.  Effective date.  This Act  takes  effect  on
January 1, 2000.

[ Top ]