101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4465

 

Introduced 2/3/2020, by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/14-2  from Ch. 38, par. 14-2

    Amends the Criminal Code of 2012. Provides that it is not eavesdropping if the recording of the private conversation or private electronic communication is made with the consent of one party to the private conversation or private electronic communication who has full knowledge and notice that the private conversation or private electronic communication will be used, disclosed, overheard, transmitted, transcribed, or recorded.


LRB101 17184 RLC 66586 b

 

 

A BILL FOR

 

HB4465LRB101 17184 RLC 66586 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 14-2 as follows:
 
6    (720 ILCS 5/14-2)  (from Ch. 38, par. 14-2)
7    Sec. 14-2. Elements of the offense; affirmative defense.
8    (a) A person commits eavesdropping when he or she knowingly
9and intentionally:
10        (1) Uses an eavesdropping device, in a surreptitious
11    manner, for the purpose of overhearing, transmitting, or
12    recording all or any part of any private conversation to
13    which he or she is not a party unless he or she does so with
14    the consent of one party all of the parties to the private
15    conversation who has full knowledge and notice that the
16    private conversation will be overheard, transmitted, or
17    recorded;
18        (2) Uses an eavesdropping device, in a surreptitious
19    manner, for the purpose of transmitting or recording all or
20    any part of any private conversation to which he or she is
21    a party unless he or she does so with the consent of one
22    party all other parties to the private conversation who has
23    full knowledge and notice that the private conversation

 

 

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1    will be transmitted or recorded;
2        (3) Intercepts, records, or transcribes, in a
3    surreptitious manner, any private electronic communication
4    to which he or she is not a party unless he or she does so
5    with the consent of one party all parties to the private
6    electronic communication who has full knowledge and notice
7    that the private electronic communication will be
8    intercepted, recorded, or transcribed;
9        (4) Manufactures, assembles, distributes, or possesses
10    any electronic, mechanical, eavesdropping, or other device
11    knowing that or having reason to know that the design of
12    the device renders it primarily useful for the purpose of
13    the surreptitious overhearing, transmitting, or recording
14    of private conversations or the interception, or
15    transcription of private electronic communications and the
16    intended or actual use of the device is contrary to the
17    provisions of this Article; or
18        (5) Uses or discloses any information which he or she
19    knows or reasonably should know was obtained from a private
20    conversation or private electronic communication in
21    violation of this Article, unless he or she does so with
22    the consent of one party to the private conversation or
23    private electronic communication who has full knowledge
24    and notice that the private conversation or private
25    electronic communication will be used or disclosed all of
26    the parties.

 

 

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1    (a-5) It does not constitute a violation of this Article to
2surreptitiously use an eavesdropping device to overhear,
3transmit, or record a private conversation, or to
4surreptitiously intercept, record, or transcribe a private
5electronic communication, if the overhearing, transmitting,
6recording, interception, or transcription is done in
7accordance with Article 108A or Article 108B of the Code of
8Criminal Procedure of 1963.
9    (b) It is an affirmative defense to a charge brought under
10this Article relating to the interception of a privileged
11communication that the person charged:
12        1. was a law enforcement officer acting pursuant to an
13    order of interception, entered pursuant to Section 108A-1
14    or 108B-5 of the Code of Criminal Procedure of 1963; and
15        2. at the time the communication was intercepted, the
16    officer was unaware that the communication was privileged;
17    and
18        3. stopped the interception within a reasonable time
19    after discovering that the communication was privileged;
20    and
21        4. did not disclose the contents of the communication.
22    (c) It is not unlawful for a manufacturer or a supplier of
23eavesdropping devices, or a provider of wire or electronic
24communication services, their agents, employees, contractors,
25or venders to manufacture, assemble, sell, or possess an
26eavesdropping device within the normal course of their business

 

 

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1for purposes not contrary to this Article or for law
2enforcement officers and employees of the Illinois Department
3of Corrections to manufacture, assemble, purchase, or possess
4an eavesdropping device in preparation for or within the course
5of their official duties.
6    (d) The interception, recording, or transcription of an
7electronic communication by an employee of a penal institution
8is not prohibited under this Act, provided that the
9interception, recording, or transcription is:
10        (1) otherwise legally permissible under Illinois law;
11        (2) conducted with the approval of the penal
12    institution for the purpose of investigating or enforcing a
13    State criminal law or a penal institution rule or
14    regulation with respect to inmates in the institution; and
15        (3) within the scope of the employee's official duties.
16    For the purposes of this subsection (d), "penal
17institution" has the meaning ascribed to it in clause (c)(1) of
18Section 31A-1.1.
19    (e) Nothing in this Article shall prohibit any individual,
20not a law enforcement officer, from recording a law enforcement
21officer in the performance of his or her duties in a public
22place or in circumstances in which the officer has no
23reasonable expectation of privacy. However, an officer may take
24reasonable action to maintain safety and control, secure crime
25scenes and accident sites, protect the integrity and
26confidentiality of investigations, and protect the public

 

 

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1safety and order.
2(Source: P.A. 98-1142, eff. 12-30-14; 99-352, eff. 1-1-16.)