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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1008
Introduced 2/8/2007, by Sen. A. J. Wilhelmi - Emil Jones, Jr. SYNOPSIS AS INTRODUCED:
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720 ILCS 5/14-1 |
from Ch. 38, par. 14-1 |
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Amends the Criminal Code of 1961. Makes a technical change in a Section concerning eavesdropping.
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A BILL FOR
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SB1008 |
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LRB095 05882 RLC 25973 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 14-1 as follows:
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| (720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
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| Sec. 14-1. Definition.
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| (a) Eavesdropping device.
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| An eavesdropping device is any device capable of being used |
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| to hear or
record oral conversation or intercept, retain, or |
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| transcribe electronic
communications whether such conversation |
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| or electronic communication is
conducted in person,
by |
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| telephone, or by any other means; Provided, however, that
that |
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| this
definition shall not include devices used for the |
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| restoration of the deaf
or hard-of-hearing to normal or partial |
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| hearing. |
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| (b) Eavesdropper.
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| An eavesdropper is any person, including law enforcement |
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| officers, who is a
principal, as defined in this Article, or |
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| who
operates or participates in the operation of any |
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| eavesdropping device
contrary to the provisions of this |
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| Article.
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| (c) Principal.
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SB1008 |
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LRB095 05882 RLC 25973 b |
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| A principal is any person who:
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| (1) Knowingly employs another who illegally uses an |
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| eavesdropping
device in the course of such employment; or
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| (2) Knowingly derives any benefit or information from |
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| the illegal use
of an eavesdropping device by another; or
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| (3) Directs another to use an eavesdropping device |
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| illegally on his
behalf.
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| (d) Conversation.
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| For the purposes of this Article, the term conversation |
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| means any oral
communication between 2 or more persons |
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| regardless of whether one or more of
the parties intended their |
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| communication to be of a private nature under
circumstances |
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| justifying that expectation.
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| (e) Electronic communication.
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| For purposes of this Article, the term electronic |
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| communication means any
transfer of signs, signals, writing, |
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| images, sounds, data, or intelligence of
any nature transmitted |
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| in whole or part by a wire, radio, pager, computer,
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| electromagnetic, photo electronic or photo optical system, |
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| where the sending
and receiving parties intend the electronic |
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| communication to be private and the
interception, recording, or |
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| transcription of the electronic communication is
accomplished |
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| by a device in a surreptitious manner contrary to the |
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| provisions
of this Article. Electronic communication does not |
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| include any communication
from a tracking device.
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| (Source: P.A. 91-657, eff. 1-1-00.)
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