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| [ Senate Amendment 003 ] |
91_HB0526eng HB0526 Engrossed 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,thatthis 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 HB0526 Engrossed -2- LRB9102239RCks 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 HB0526 Engrossed -3- LRB9102239RCks 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.)