| |||||||
| |||||||
| |||||||
| 1 | AN ACT concerning criminal law.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
| 5 | Section 14-6 as follows:
| ||||||
| 6 | (720 ILCS 5/14-6) (from Ch. 38, par. 14-6)
| ||||||
| 7 | Sec. 14-6.
Civil
remedies to injured parties.
(1) Any or | ||||||
| 8 | all parties to any conversation or electronic communication | ||||||
| 9 | upon which eavesdropping is
practiced contrary to this Article | ||||||
| 10 | shall be entitled to the following
remedies:
| ||||||
| 11 | (a) To an injunction by
the circuit court
prohibiting
| ||||||
| 12 | further eavesdropping by the eavesdropper and by or on behalf | ||||||
| 13 | of his
principal, or either;
| ||||||
| 14 | (b) To all actual damages against the eavesdropper or his | ||||||
| 15 | principal or
both;
| ||||||
| 16 | (c) To any punitive damages which may be awarded by the | ||||||
| 17 | court or by a
jury;
| ||||||
| 18 | (d) To all actual damages against any landlord, owner or | ||||||
| 19 | building
operator, or any common carrier by wire who aids, | ||||||
| 20 | abets, or knowingly
permits the eavesdropping concerned;
| ||||||
| 21 | (e) To any punitive damages which may be awarded by the | ||||||
| 22 | court or by a
jury against any landlord, owner or building | ||||||
| 23 | operator, or common carrier by
wire who aids, abets, or | ||||||
| |||||||
| |||||||
| 1 | knowingly permits the eavesdropping concerned.
| ||||||
| 2 | (2) No cause of action shall lie in any court against any | ||||||
| 3 | common
carrier by wire or its officers, agents or employees for | ||||||
| 4 | providing
information, assistance or facilities in accordance | ||||||
| 5 | with the terms of a
court order entered under Article 108A of | ||||||
| 6 | the Code of Criminal Procedure of 1963.
| ||||||
| 7 | (3) No civil claim, cause of action, or remedy on behalf of | ||||||
| 8 | a minor shall lie against a parent, step-parent, guardian, or | ||||||
| 9 | grandparent for eavesdropping of electronic communications | ||||||
| 10 | taken during that parent, step-parent, guardian, or | ||||||
| 11 | grandparent's exercise of his or her parental rights to | ||||||
| 12 | supervise, monitor, and control the activities of a minor in | ||||||
| 13 | his or her care, custody, or control. | ||||||
| 14 | (4) No claim or cause of action that alleges a violation of | ||||||
| 15 | this Article may lie against a reporter or news medium for | ||||||
| 16 | actions undertaken in the newsgathering process, except for | ||||||
| 17 | willful or wanton misconduct. This protection does not diminish | ||||||
| 18 | the protections given to reporters or news medium under Part 9 | ||||||
| 19 | of Article VIII of the Code of Civil Procedure. | ||||||
| 20 | (Source: P.A. 85-868.)
| ||||||