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| Public Act 094-0183 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 14-2 as follows:
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(720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
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Sec. 14-2. Elements of the offense; affirmative defense.
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(a) A person commits eavesdropping when he:
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(1) Knowingly and intentionally uses an
eavesdropping | ||||
device for the purpose of hearing or recording all or any | ||||
part of
any conversation or intercepts, retains, or | ||||
transcribes electronic
communication unless he does so (A) | ||||
with the consent of all of
the parties to
such conversation | ||||
or electronic communication or (B) in
accordance with
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Article
108A or Article 108B of the "Code of Criminal | ||||
Procedure of 1963",
approved August 14, 1963, as amended; | ||||
or
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(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
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the surreptitious hearing or recording of oral | ||||
conversations or the
interception, retention, or | ||||
transcription of electronic communications and the
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intended or actual use of the device is contrary to the | ||||
provisions of this
Article; or
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(3) 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.
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(b) It is an affirmative defense to a charge brought under | ||||
this
Article relating to the interception of a privileged | ||
communication that the
person charged:
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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
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2. at the time the communication was intercepted, the | ||
officer was
unaware that the communication was privileged; | ||
and
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3. stopped the interception within a reasonable time | ||
after discovering
that the communication was privileged; | ||
and
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4. did not disclose the contents of the communication.
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(c) It is not unlawful for a manufacturer or a supplier of
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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.
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(d) The interception, recording, or transcription of an | ||
electronic
communication by an employee of a penal institution
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the Illinois Department of Corrections is not
prohibited under | ||
this Act, provided that the interception, recording, or
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transcription is:
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(1) otherwise legally permissible under Illinois law;
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(2) conducted with the approval of the penal | ||
institution
Illinois Department of Corrections
for the | ||
purpose of investigating or enforcing a State criminal law | ||
or a
penal institution
Department rule or regulation with | ||
respect to inmates in the institution
persons committed to | ||
the
Department; and
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(3) within the scope of the employee's official duties. | ||
For the purposes of this subsection (d), "penal | ||
institution" has the meaning ascribed to it in clause (c)(1) of | ||
Section 31A-1.1.
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(Source: P.A. 91-657, eff. 1-1-00.)
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