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| [ Senate Amendment 003 ] |
91_HB0526
LRB9102239RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 14-1, 14-2, and 14-4.
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 Sections 14-1, 14-2, and 14-4 as follows:
7 (720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
8 Sec. 14-1. Definitions. In this Article: Definition.
9 (a) Eavesdropping device.
10 An eavesdropping device is any device capable of being
11 used to hear or record oral conversation whether such
12 conversation is conducted in person, by telephone, or by any
13 other means; and includes any device, including but not
14 limited to pagers and fax machines, capable of receiving
15 telephonic, electronic, or radio communications in the form
16 of signs, signals, writings, images, or sounds from a
17 wireless or telephone service without the consent of the
18 service subscriber or user; Provided, however, that this
19 definition shall not include devices used for the restoration
20 of the deaf or hard-of-hearing to normal or partial hearing.
21 (b) Eavesdropper.
22 An eavesdropper is any person, including law enforcement
23 officers, who manufactures or possesses an eavesdropping
24 device knowing that the device will be used to receive the
25 wireless or telephone service without the consent of the
26 service subscriber or user, or who operates or participates
27 in the operation of any eavesdropping device contrary to the
28 provisions of this Article.
29 (c) Principal.
30 A principal is any person who:
31 (1) Knowingly employs another who illegally uses an
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1 eavesdropping device in the course of such employment; or
2 (2) Knowingly derives any benefit or information
3 from the illegal use of an eavesdropping device by
4 another; or
5 (3) Directs another to use an eavesdropping device
6 illegally on his behalf.
7 (d) Conversation.
8 For the purposes of this Article, the term conversation
9 means any oral communication or telephonic, electronic, or
10 radio communication in the form of signs, signals, writings,
11 images, or sounds transmitted through a wireless or
12 telephonic service between 2 or more persons regardless of
13 whether one or more of the parties intended their
14 communication to be of a private nature under circumstances
15 justifying that expectation.
16 (Source: P.A. 88-677, eff. 12-15-94.)
17 (720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
18 Sec. 14-2. Elements of the offense; affirmative defense.
19 A person commits eavesdropping when he:
20 (a) Uses an eavesdropping device or facilitates the use
21 of an eavesdropping device by manufacturing or possessing an
22 eavesdropping device knowing that the eavesdropping device
23 will be used to observe, hear, or record all or any part of
24 any conversation unless he does so (1) with the consent of
25 all of the parties to such conversation or (2) in accordance
26 with Article 108A or Article 108B of the "Code of Criminal
27 Procedure of 1963", approved August 14, 1963, as amended; or
28 (b) Uses or divulges, except as authorized by this
29 Article or by Article 108A or 108B of the "Code of Criminal
30 Procedure of 1963", approved August 14, 1963, as amended, any
31 information which he knows or reasonably should know was
32 obtained through the use of an eavesdropping device.
33 (c) It is an affirmative defense to a charge brought
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1 under this Article relating to the interception of a
2 privileged communication that the person charged:
3 1. was a law enforcement officer acting pursuant to an
4 order of interception, entered pursuant to Section 108A-1 or
5 108B-5 of the Code of Criminal Procedure of 1963; and
6 2. at the time the communication was intercepted, the
7 officer was unaware that the communication was privileged;
8 and
9 3. stopped the interception within a reasonable time
10 after discovering that the communication was privileged; and
11 4. did not disclose the contents of the communication.
12 (Source: P.A. 85-1203.)
13 (720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
14 Sec. 14-4. 14.4. Sentence.)
15 (a) Eavesdropping, for a first offense, is a Class 4
16 felony, and, for a second or subsequent offense, is a Class 3
17 felony.
18 (b) Eavesdropping of a conversation involving any peace
19 officer, State's Attorney, Assistant State's Attorney, the
20 Attorney General, Assistant Attorney General, Judge, or
21 member of the General Assembly of this State engaged in the
22 performance of his or her official duties is a Class X
23 felony.
24 (Source: P.A. 79-781; revised 3-12-98.)