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92_HB4074ren HB4074 Re-Enrolled LRB9212179RCcdA 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Criminal Procedure of 1963 is 5 amended by changing Section 108B-1 and adding Section 6 108B-1.5 as follows: 7 (725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1) 8 Sec. 108B-1. Definitions. For the purpose of this 9 Article: 10 (a) "Aggrieved person" means a person who was a party to 11 any intercepted wire or oral communication or any person 12 against whom the intercept was directed. 13 (b) "Chief Judge" means, when referring to a judge 14 authorized to receive application for, and to enter orders 15 authorizing, interceptions of private oral communications, 16 the Chief Judge of the Circuit Court wherein the application 17 for order of interception is filed, or a Circuit Judge 18 designated by the Chief Judge to enter these orders. In 19 circuits other than the Cook County Circuit, "Chief Judge" 20 also means, when referring to a judge authorized to receive 21 application for, and to enter orders authorizing, 22 interceptions of private oral communications, an Associate 23 Judge authorized by Supreme Court Rule to try felony cases 24 who is assigned by the Chief Judge to enter these orders. 25 After assignment by the Chief Judge, an Associate Judge shall 26 have plenary authority to issue orders without additional 27 authorization for each specific application made to him by 28 the State's Attorney until the time the Associate Judge's 29 power is rescinded by the Chief Judge. 30 (c) "Communications common carrier" means any person 31 engaged as a common carrier for hire in the transmission of HB4074 Re-Enrolled -2- LRB9212179RCcdA 1 communications by wire or radio, not including radio 2 broadcasting. 3 (d) "Contents" includes information obtained from a 4 private oral communication concerning the existence, 5 substance, purport or meaning of the communication, or the 6 identity of a party of the communication. 7 (e) "Court of competent jurisdiction" means any circuit 8 court. 9 (f) "Department" means Illinois Department of State 10 Police. 11 (g) "Director" means Director of the Illinois Department 12 of State Police. 13 (h) "Electronic criminal surveillance device" or 14 "eavesdropping device" means any device or apparatus, 15 including an induction coil, that can be used to intercept 16 human speech other than: 17 (1) Any telephone, telegraph or telecommunication 18 instrument, equipment or facility, or any component of 19 it, furnished to the subscriber or user by a 20 communication common carrier in the ordinary course of 21 its business, or purchased by any person and being used 22 by the subscriber, user or person in the ordinary course 23 of his business, or being used by a communications common 24 carrier in the ordinary course of its business, or by an 25 investigative or law enforcement officer in the ordinary 26 course of his duties; or 27 (2) A hearing aid or similar device being used to 28 correct subnormal hearing to not better than normal. 29 (i) "Electronic criminal surveillance officer" means any 30 law enforcement officer or retired law enforcement officer of 31 the United States or of the State or political subdivision of 32 it, or of another State, or of a political subdivision of it, 33 who is certified by the Illinois Department of State Police 34 to intercept private oral communications. A retired law HB4074 Re-Enrolled -3- LRB9212179RCcdA 1 enforcement officer may be certified by the Illinois State 2 Police only to (i) prepare petitions for the authority to 3 intercept private oral communications in accordance with the 4 provisions of this Act; (ii) intercept and supervise the 5 interception of private oral communications; (iii) handle, 6 safeguard, and use evidence derived from such private oral 7 communications; and (iv) operate and maintain equipment used 8 to intercept private oral communications. 9 (j) "In-progress trace" means to determine the origin of 10 a wire communication to a telephone or telegraph instrument, 11 equipment or facility during the course of the communication. 12 (k) "Intercept" means the aural acquisition of the 13 contents of any oral communication through the use of any 14 electronic criminal surveillance device. 15 (l) "Journalist" means a person engaged in, connected 16 with, or employed by news media, including newspapers, 17 magazines, press associations, news agencies, wire services, 18 radio, television or other similar media, for the purpose of 19 gathering, processing, transmitting, compiling, editing or 20 disseminating news for the general public. 21 (m) "Law enforcement agency" means any law enforcement 22 agency of the United States, or the State or a political 23 subdivision of it. 24 (n) "Oral communication" means human speech used to 25 communicate by one party to another, in person, by wire 26 communication or by any other means. 27 (o) "Private oral communication" means a wire or oral 28 communication uttered by a person exhibiting an expectation 29 that the communication is not subject to interception, under 30 circumstances reasonably justifying the expectation. 31 Circumstances that reasonably justify the expectation that a 32 communication is not subject to interception include the use 33 of a cordless telephone or cellular communication device. 34 (p) "Wire communication" means any human speech used to HB4074 Re-Enrolled -4- LRB9212179RCcdA 1 communicate by one party to another in whole or in part 2 through the use of facilities for the transmission of 3 communications by wire, cable or other like connection 4 between the point of origin and the point of reception 5 furnished or operated by a communications common carrier. 6 (q) "Privileged communications" means a private oral 7 communication between: 8 (1) a licensed and practicing physician and a 9 patient within the scope of the profession of the 10 physician; 11 (2) a licensed and practicing psychologist to a 12 patient within the scope of the profession of the 13 psychologist; 14 (3) a licensed and practicing attorney-at-law and a 15 client within the scope of the profession of the lawyer; 16 (4) a practicing clergyman and a confidant within 17 the scope of the profession of the clergyman; 18 (5) a practicing journalist within the scope of his 19 profession; 20 (6) spouses within the scope of their marital 21 relationship; or 22 (7) a licensed and practicing social worker to a 23 client within the scope of the profession of the social 24 worker. 25 (r) "Retired law enforcement officer" means a person: 26 (1) who is a graduate of a police training institute or 27 academy, who after graduating served for at least 15 28 consecutive years as a sworn, full-time peace officer 29 qualified to carry firearms for any federal or State 30 department or agency or for any unit of local government of 31 Illinois; (2) who has retired as a local, State, or federal 32 peace officer in a publicly created peace officer retirement 33 system; and (3) whose service in law enforcement was 34 honorably terminated through retirement or disability and not HB4074 Re-Enrolled -5- LRB9212179RCcdA 1 as a result of discipline, suspension, or discharge. 2 (Source: P.A. 86-391; 86-763; 86-1028; 86-1206; 87-530.) 3 (725 ILCS 5/108B-1.5 new) 4 Sec. 108B-1.5. Retired law enforcement officer. Nothing 5 in this Article authorizes a retired law enforcement officer 6 to display or use a firearm at any time. 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.