93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4748


 
Introduced 02/04/04, by John J. Millner, Linda Chapa LaVia
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/14-2
  from Ch. 38, par. 14-2







    Amends the Criminal Code of 1961 relating to exemptions from eavesdropping violations.  Permits the interception, recording, or transcription of an electronic communication by an employee of a penal institution (rather than an employee of the Illinois Department of Corrections), provided that the interception, recording, or transcription is:
        (1) otherwise legally permissible under Illinois law;
        (2) conducted with the approval of the penal institution (rather than the Illinois Department of Corrections) for the purpose of investigating or enforcing a State criminal law or a penal institution rule or regulation (rather than a Department rule or regulation) with respect to inmates in the penal institution (rather than persons committed to the Illinois Department of Corrections); and

        (3) within the scope of the employee's official
     duties.





















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A BILL FOR









 














HB4748

LRB093 18856 RLC 44591 b









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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 14-2 as follows:
 



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    (720 ILCS 5/14-2)  (from Ch. 38, par. 14-2)



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    Sec. 14-2. Elements of the offense; affirmative defense. 


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    (a) A person commits eavesdropping when he:


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        (1) Knowingly and intentionally uses an
eavesdropping 
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    device for the purpose of hearing or recording all or any 
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    part of
any conversation or intercepts, retains, or 
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    transcribes electronic
communication unless he does so (A) 
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    with the consent of all of
the parties to
such conversation 
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    or electronic communication or (B) in
accordance with

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    Article
108A or Article 108B of the "Code of Criminal 
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    Procedure of 1963",
approved August 14, 1963, as amended; 
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    or


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        (2) Manufactures, assembles, distributes, or possesses 
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    any electronic,
mechanical, eavesdropping, or other device 
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    knowing that or having reason to
know
that the design of 
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    the device renders it primarily useful for the purpose of

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    the surreptitious hearing or recording of oral 
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    conversations or the
interception, retention, or 
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    transcription of electronic communications and the

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    intended or actual use of the device is contrary to the 
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    provisions of this
Article; or


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        (3) Uses or divulges, except as authorized
by this 
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    Article or by Article 108A or 108B of the "Code of Criminal 
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    Procedure
of 1963", approved August 14, 1963, as amended, 
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    any information
which he knows or reasonably should know 
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    was obtained through the use of an
eavesdropping device.

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    (b) It is an affirmative defense to a charge brought under 
 


 









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this
Article relating to the interception of a privileged 
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communication that the
person charged:


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        1. was a law enforcement officer acting pursuant to an 
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    order of
interception, entered pursuant to Section 108A-1 
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    or 108B-5 of the Code of
Criminal Procedure of 1963; and


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        2. at the time the communication was intercepted, the 
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    officer was
unaware that the communication was privileged; 
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    and


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        3. stopped the interception within a reasonable time 
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    after discovering
that the communication was privileged; 
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    and


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        4. did not disclose the contents of the communication.

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    (c) It is not unlawful for a manufacturer or a supplier of

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eavesdropping devices, or a provider of wire or electronic 
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communication
services, their agents, employees, contractors, 
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or venders to manufacture,
assemble, sell, or possess an 
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eavesdropping device within the normal course of
their business 
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for purposes not contrary to this Article or for law 
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enforcement
officers and employees of the Illinois Department 
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of Corrections  to
manufacture, assemble, purchase, or possess 
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an eavesdropping device
in preparation for or within the course 
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of their official duties.

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    (d) The interception, recording, or transcription of an 
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electronic
communication by an employee of a penal institution

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the Illinois Department of Corrections is not
prohibited under 
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this Act, provided that the interception, recording, or

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transcription is:


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        (1) otherwise legally permissible under Illinois law;


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        (2) conducted with the approval of the penal 
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    institution
Illinois Department of Corrections
for the 
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    purpose of investigating or enforcing a State criminal law 
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    or a
penal institution
Department rule or regulation with 
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    respect to inmates in the institution
persons committed to 
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    the
Department; and


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        (3) within the scope of the employee's official duties.
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    For the purposes of this subsection (d), "penal 
 


 









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    institution" has the meaning ascribed to it in clause (c)(1) of 
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    Section 31A-1.1.


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(Source: P.A. 91-657, eff. 1-1-00.)