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91_HB0526sam003
LRB9102239RCksam02
1 AMENDMENT TO HOUSE BILL 526
2 AMENDMENT NO. . Amend House Bill 526 by replacing
3 the title with the following:
4 "AN ACT concerning criminal law."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Criminal Code of 1961 is amended by
8 changing Sections 14-1 and 14-2 and by renumbering and
9 changing Section 14.4 as follows:
10 (720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
11 Sec. 14-1. Definition.
12 (a) Eavesdropping device.
13 An eavesdropping device is any device capable of being
14 used to hear or record oral conversation or intercept,
15 retain, or transcribe electronic communications whether such
16 conversation or electronic communication is conducted in
17 person, by telephone, or by any other means; Provided,
18 however, that this definition shall not include devices used
19 for the restoration of the deaf or hard-of-hearing to normal
20 or partial hearing.
21 (b) Eavesdropper.
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1 An eavesdropper is any person, including law enforcement
2 officers, who is a principal, as defined in this Article, or
3 who operates or participates in the operation of any
4 eavesdropping device contrary to the provisions of this
5 Article.
6 (c) Principal.
7 A principal is any person who:
8 (1) Knowingly employs another who illegally uses an
9 eavesdropping device in the course of such employment; or
10 (2) Knowingly derives any benefit or information
11 from the illegal use of an eavesdropping device by
12 another; or
13 (3) Directs another to use an eavesdropping device
14 illegally on his behalf.
15 (d) Conversation.
16 For the purposes of this Article, the term conversation
17 means any oral communication between 2 or more persons
18 regardless of whether one or more of the parties intended
19 their communication to be of a private nature under
20 circumstances justifying that expectation.
21 (e) Electronic communication.
22 For purposes of this Article, the term electronic
23 communication means any transfer of signs, signals, writing,
24 images, sounds, data, or intelligence of any nature
25 transmitted in whole or part by a wire, radio, pager,
26 computer, electromagnetic, photo electronic or photo optical
27 system, where the sending and receiving parties intend the
28 electronic communication to be private and the interception,
29 recording, or transcription of the electronic communication
30 is accomplished by a device in a surreptitious manner
31 contrary to the provisions of this Article. Electronic
32 communication does not include any communication from a
33 tracking device.
34 (Source: P.A. 88-677, eff. 12-15-94.)
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1 (720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
2 Sec. 14-2. Elements of the offense; affirmative defense.
3 (a) A person commits eavesdropping when he:
4 (1) (a) Knowingly and intentionally uses an
5 eavesdropping device for the purpose of hearing or
6 recording to hear or record all or any part of any
7 conversation or intercepts, retains, or transcribes
8 electronic communication unless he does so (A) (1) with
9 the consent of all of the parties to such conversation or
10 electronic communication or (B) (2) in accordance with
11 Article 108A or Article 108B of the "Code of Criminal
12 Procedure of 1963", approved August 14, 1963, as amended;
13 or
14 (2) Manufactures, assembles, distributes, or
15 possesses any electronic, mechanical, eavesdropping, or
16 other device knowing that or having reason to know that
17 the design of the device renders it primarily useful for
18 the purpose of the surreptitious hearing or recording of
19 oral conversations or the interception, retention, or
20 transcription of electronic communications and the
21 intended or actual use of the device is contrary to the
22 provisions of this Article; or
23 (3) (b) Uses or divulges, except as authorized by
24 this Article or by Article 108A or 108B of the "Code of
25 Criminal Procedure of 1963", approved August 14, 1963, as
26 amended, any information which he knows or reasonably
27 should know was obtained through the use of an
28 eavesdropping device.
29 (b) (c) It is an affirmative defense to a charge brought
30 under this Article relating to the interception of a
31 privileged communication that the person charged:
32 1. was a law enforcement officer acting pursuant to
33 an order of interception, entered pursuant to Section
34 108A-1 or 108B-5 of the Code of Criminal Procedure of
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1 1963; and
2 2. at the time the communication was intercepted,
3 the officer was unaware that the communication was
4 privileged; and
5 3. stopped the interception within a reasonable
6 time after discovering that the communication was
7 privileged; and
8 4. did not disclose the contents of the
9 communication.
10 (c) It is not unlawful for a manufacturer or a supplier
11 of eavesdropping devices, or a provider of wire or electronic
12 communication services, their agents, employees, contractors,
13 or venders to manufacture, assemble, sell, or possess an
14 eavesdropping device within the normal course of their
15 business for purposes not contrary to this Article or for law
16 enforcement officers to manufacture, assemble, purchase, or
17 possess an eavesdropping device in preparation for or within
18 the course of their official duties.
19 (Source: P.A. 85-1203.)
20 (720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
21 Sec. 14-4. 14.4. Sentence.)
22 (a) Eavesdropping, for a first offense, is a Class 4
23 felony, and, for a second or subsequent offense, is a Class 3
24 felony.
25 (b) The eavesdropping of an oral conversation or an
26 electronic communication between any law enforcement officer,
27 State's Attorney, Assistant State's Attorney, the Attorney
28 General, Assistant Attorney General, or a judge, while in the
29 performance of his or her official duties, if not authorized
30 by this Article or proper court order, is a Class 1 felony.
31 (Source: P.A. 79-781; revised 3-12-98.)".