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| [ Senate Amendment 003 ] |
91_HB0526enr HB0526 Enrolled LRB9102239RCks 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 5 changing Sections 14-1 and 14-2 and by renumbering and 6 changing Section 14.4 as follows: 7 (720 ILCS 5/14-1) (from Ch. 38, par. 14-1) 8 Sec. 14-1. Definition. 9 (a) Eavesdropping device. 10 An eavesdropping device is any device capable of being 11 used to hear or record oral conversation or intercept, 12 retain, or transcribe electronic communications whether such 13 conversation or electronic communication is conducted in 14 person, by telephone, or by any other means; Provided, 15 however, that this definition shall not include devices used 16 for the restoration of the deaf or hard-of-hearing to normal 17 or partial hearing. 18 (b) Eavesdropper. 19 An eavesdropper is any person, including law enforcement 20 officers, who is a principal, as defined in this Article, or 21 who operates or participates in the operation of any 22 eavesdropping device contrary to the provisions of this 23 Article. 24 (c) Principal. 25 A principal is any person who: 26 (1) Knowingly employs another who illegally uses an 27 eavesdropping device in the course of such employment; or 28 (2) Knowingly derives any benefit or information 29 from the illegal use of an eavesdropping device by 30 another; or 31 (3) Directs another to use an eavesdropping device HB0526 Enrolled -2- LRB9102239RCks 1 illegally on his behalf. 2 (d) Conversation. 3 For the purposes of this Article, the term conversation 4 means any oral communication between 2 or more persons 5 regardless of whether one or more of the parties intended 6 their communication to be of a private nature under 7 circumstances justifying that expectation. 8 (e) Electronic communication. 9 For purposes of this Article, the term electronic 10 communication means any transfer of signs, signals, writing, 11 images, sounds, data, or intelligence of any nature 12 transmitted in whole or part by a wire, radio, pager, 13 computer, electromagnetic, photo electronic or photo optical 14 system, where the sending and receiving parties intend the 15 electronic communication to be private and the interception, 16 recording, or transcription of the electronic communication 17 is accomplished by a device in a surreptitious manner 18 contrary to the provisions of this Article. Electronic 19 communication does not include any communication from a 20 tracking device. 21 (Source: P.A. 88-677, eff. 12-15-94.) 22 (720 ILCS 5/14-2) (from Ch. 38, par. 14-2) 23 Sec. 14-2. Elements of the offense; affirmative defense. 24 (a) A person commits eavesdropping when he: 25 (1)(a)Knowingly and intentionally uses an 26 eavesdropping device for the purpose of hearing or 27 recordingto hear or recordall or any part of any 28 conversation or intercepts, retains, or transcribes 29 electronic communication unless he does so (A)(1)with 30 the consent of all of the parties to such conversation or 31 electronic communication or (B)(2)in accordance with 32 Article 108A or Article 108B of the "Code of Criminal 33 Procedure of 1963", approved August 14, 1963, as amended; HB0526 Enrolled -3- LRB9102239RCks 1 or 2 (2) Manufactures, assembles, distributes, or 3 possesses any electronic, mechanical, eavesdropping, or 4 other device knowing that or having reason to know that 5 the design of the device renders it primarily useful for 6 the purpose of the surreptitious hearing or recording of 7 oral conversations or the interception, retention, or 8 transcription of electronic communications and the 9 intended or actual use of the device is contrary to the 10 provisions of this Article; or 11 (3)(b)Uses or divulges, except as authorized by 12 this Article or by Article 108A or 108B of the "Code of 13 Criminal Procedure of 1963", approved August 14, 1963, as 14 amended, any information which he knows or reasonably 15 should know was obtained through the use of an 16 eavesdropping device. 17 (b)(c)It is an affirmative defense to a charge brought 18 under this Article relating to the interception of a 19 privileged communication that the person charged: 20 1. was a law enforcement officer acting pursuant to 21 an order of interception, entered pursuant to Section 22 108A-1 or 108B-5 of the Code of Criminal Procedure of 23 1963; and 24 2. at the time the communication was intercepted, 25 the officer was unaware that the communication was 26 privileged; and 27 3. stopped the interception within a reasonable 28 time after discovering that the communication was 29 privileged; and 30 4. did not disclose the contents of the 31 communication. 32 (c) It is not unlawful for a manufacturer or a supplier 33 of eavesdropping devices, or a provider of wire or electronic 34 communication services, their agents, employees, contractors, HB0526 Enrolled -4- LRB9102239RCks 1 or venders to manufacture, assemble, sell, or possess an 2 eavesdropping device within the normal course of their 3 business for purposes not contrary to this Article or for law 4 enforcement officers to manufacture, assemble, purchase, or 5 possess an eavesdropping device in preparation for or within 6 the course of their official duties. 7 (Source: P.A. 85-1203.) 8 (720 ILCS 5/14-4) (from Ch. 38, par. 14-4) 9 Sec. 14-4.14.4.Sentence.)10 (a) Eavesdropping, for a first offense, is a Class 4 11 felony,and, for a second or subsequent offense, is a Class 3 12 felony. 13 (b) The eavesdropping of an oral conversation or an 14 electronic communication between any law enforcement officer, 15 State's Attorney, Assistant State's Attorney, the Attorney 16 General, Assistant Attorney General, or a judge, while in the 17 performance of his or her official duties, if not authorized 18 by this Article or proper court order, is a Class 1 felony. 19 (Source: P.A. 79-781; revised 3-12-98.)