Illinois General Assembly - Bill Status for SB 1342

Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Enhances the penalties for certain violations of the statutes concerning unlawful use or possession of weapons by felons, aggravated unlawful use of a weapon, and unlawful possession of a firearm by a street gang member. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for unlawful use or possession of a weapon by felons, aggravated unlawful use of a weapon, or unlawful possession of a firearm by a street gang member shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that a person convicted of unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities or unlawful possession of a firearm by a street gang member is ineligible for the county impact incarceration program.

Replaces everything after the enacting clause. Amends the Eavesdropping Article of the Criminal Code of 2012. Changes various definitions. Defines "surreptitious". Provides that a person commits eavesdropping when he or she knowingly and intentionally: (1) uses an eavesdropping device, in a surreptitious manner, for the purpose of overhearing, transmitting, or recording all or part of a private conversation to which he or she is not a party unless he or she does so with the consent of all the parties to the conversation; (2) uses an eavesdropping device, in a surreptitious manner, for the purpose of transmitting or recording all or any part of any private conversation to which he or she is a party unless he or she does so with the consent of all of the parties to the private conversation; or (3) intercepts, records, or transcribes, in a surreptitious manner, any private electronic communication to which he or she is not a party unless he or she does so with the consent of all other parties to the private electronic communication. Prohibits the use or disclosure of any information which he or she knows or reasonably should know was obtained from a private conversation or private electronic communication in violation of the Eavesdropping Article, unless he or she does so with the consent of all of the parties. Provides exceptions. In the exemption from an eavesdropping violation that provides with prior request to and verbal approval of the State's Attorney of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to the conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a qualified offense, removes verbal consent by the State's Attorney and changes the sunset date of the exemption from January 1, 2015 to January 1, 2018. Provides that nothing in the evidence inadmissibility provision bars admission of evidence if all parties to the private conversation or private electronic communication consent to admission of the evidence. Provides that beginning March 1, 2015, each State's Attorney shall annually submit a report to the General Assembly disclosing: (A) the number of requests for each qualified offense for approval under this exemption; and (B) the number of approvals for each qualified offense given by the State's Attorney. Provides that the eavesdropping of an oral conversation or an electronic communication of any law enforcement officer, State's Attorney, Assistant State's Attorney, the Attorney General, Assistant Attorney General, or a judge, while in the performance of his or her official duties, if not authorized by the Article or proper court order, is a Class 3 felony, and for a second or subsequent offenses, is a Class 2 felony (rather than a Class 1 felony). Adds a severability provision. Effective immediately.

Date	Chamber	Action
12/30/2014	Senate	Public Act . . . . . . . . . 98-1142

Date	Chamber	Action
2/5/2013	Senate	Filed with Secretary by Sen. Don Harmon
2/5/2013	Senate	First Reading
2/5/2013	Senate	Referred to Assignments
2/14/2013	Senate	Assigned to Executive
3/6/2013	Senate	Do Pass Executive; 014-000-000
3/6/2013	Senate	Placed on Calendar Order of 2nd Reading March 7, 2013
3/14/2013	Senate	Senate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon
3/14/2013	Senate	Senate Floor Amendment No. 1 Referred to Assignments
3/19/2013	Senate	Senate Floor Amendment No. 1 Assignments Refers to Executive
3/21/2013	Senate	Second Reading
3/21/2013	Senate	Placed on Calendar Order of 3rd Reading April 10, 2013
4/11/2013	Senate	Senate Floor Amendment No. 1 Recommend Do Adopt Executive; 011-000-000
4/12/2013	Senate	Recalled to Second Reading
4/12/2013	Senate	Senate Floor Amendment No. 1 Adopted; Harmon
4/12/2013	Senate	Placed on Calendar Order of 3rd Reading April 16, 2013
4/18/2013	Senate	Third Reading - Passed; 053-000-000
4/18/2013	House	Arrived in House
4/18/2013	House	Chief House Sponsor Rep. Barbara Flynn Currie
4/18/2013	House	First Reading
4/18/2013	House	Referred to Rules Committee
5/2/2013	House	Added Alternate Co-Sponsor Rep. Camille Y. Lilly
10/16/2013	House	Final Action Deadline Extended-9(b) November 30, 2013
10/16/2013	House	Assigned to Judiciary
10/16/2013	House	House Committee Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy
10/16/2013	House	House Committee Amendment No. 1 Referred to Rules Committee
10/16/2013	House	Alternate Chief Sponsor Changed to Rep. Michael J. Zalewski
10/21/2013	House	House Committee Amendment No. 2 Filed with Clerk by Rep. Michael J. Zalewski
10/21/2013	House	House Committee Amendment No. 2 Referred to Rules Committee
10/22/2013	House	Alternate Co-Sponsor Removed Rep. Camille Y. Lilly
10/22/2013	Senate	Chief Sponsor Changed to Sen. Antonio Mu�oz
11/4/2013	House	House Committee Amendment No. 3 Filed with Clerk by Rep. Michael J. Zalewski
11/4/2013	House	House Committee Amendment No. 3 Referred to Rules Committee
11/5/2013	House	Added Alternate Chief Co-Sponsor Rep. Dennis M. Reboletti
11/5/2013	House	House Committee Amendment No. 3 Rules Refers to Judiciary
11/5/2013	House	House Committee Amendment No. 3 Adopted in Judiciary; by Voice Vote
11/5/2013	House	Do Pass as Amended / Short Debate Judiciary; 011-004-000
11/5/2013	House	House Committee Amendment No. 1 Tabled Pursuant to Rule 40
11/5/2013	House	House Committee Amendment No. 2 Tabled Pursuant to Rule 40
11/5/2013	House	Placed on Calendar 2nd Reading - Short Debate
11/5/2013	House	Second Reading - Short Debate
11/5/2013	House	Held on Calendar Order of Second Reading - Short Debate
11/6/2013	House	Fiscal Note Requested by Rep. Kenneth Dunkin
11/6/2013	House	State Mandates Fiscal Note Requested by Rep. Kenneth Dunkin
11/6/2013	House	Balanced Budget Note Requested by Rep. Kenneth Dunkin
11/6/2013	House	Correctional Note Requested by Rep. Kenneth Dunkin
11/6/2013	House	Home Rule Note Requested by Rep. Kenneth Dunkin
11/6/2013	House	Housing Affordability Impact Note Requested by Rep. Kenneth Dunkin
11/6/2013	House	Judicial Note Requested by Rep. Kenneth Dunkin
11/6/2013	House	Land Conveyance Appraisal Note Requested by Rep. Kenneth Dunkin
11/6/2013	House	Pension Note Requested by Rep. Kenneth Dunkin
11/6/2013	House	State Debt Impact Note Requested by Rep. Kenneth Dunkin
11/6/2013	House	House Committee Amendment No. 3 Fiscal Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Committee Amendment No. 3 State Mandates Fiscal Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Committee Amendment No. 3 Balanced Budget Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Committee Amendment No. 3 Correctional Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Committee Amendment No. 3 Home Rule Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Committee Amendment No. 3 Housing Affordability Impact Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Committee Amendment No. 3 Judicial Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Committee Amendment No. 3 Land Conveyance Appraisal Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Committee Amendment No. 3 Pension Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Committee Amendment No. 3 State Debt Impact Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 4 Filed with Clerk by Rep. Michael J. Zalewski
11/6/2013	House	House Floor Amendment No. 4 Referred to Rules Committee
11/6/2013	House	House Floor Amendment No. 4 Rules Refers to Judiciary
11/6/2013	House	House Floor Amendment No. 4 Fiscal Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 4 State Mandates Fiscal Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 4 Balanced Budget Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 4 Correctional Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 4 Home Rule Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 4 Housing Affordability Impact Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 4 Judicial Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 4 Land Conveyance Appraisal Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 4 Pension Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 4 State Debt Impact Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 5 Filed with Clerk by Rep. Michael J. Zalewski
11/6/2013	House	House Floor Amendment No. 5 Referred to Rules Committee
11/6/2013	House	House Floor Amendment No. 5 Rules Refers to Judiciary
11/6/2013	House	House Committee Amendment No. 3 Land Conveyance Appraisal Note Filed as Amended
11/6/2013	House	House Floor Amendment No. 4 Land Conveyance Appraisal Note Filed as Amended
11/6/2013	House	House Committee Amendment No. 3 Housing Affordability Impact Note Filed as Amended
11/6/2013	House	House Floor Amendment No. 4 Housing Affordability Impact Note Filed as Amended
11/6/2013	House	House Floor Amendment No. 5 Fiscal Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 5 State Mandates Fiscal Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 5 Balanced Budget Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 5 Correctional Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 5 Home Rule Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 5 Housing Affordability Impact Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 5 Judicial Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 5 Land Conveyance Appraisal Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 5 Pension Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Floor Amendment No. 5 State Debt Impact Note Requested as Amended by Rep. Kenneth Dunkin
11/6/2013	House	House Committee Amendment No. 3 Home Rule Note Filed as Amended
11/6/2013	House	House Floor Amendment No. 4 Home Rule Note Filed as Amended
11/6/2013	House	House Committee Amendment No. 3 State Mandates Fiscal Note Filed as Amended
11/6/2013	House	House Floor Amendment No. 4 State Mandates Fiscal Note Filed as Amended
11/6/2013	House	House Committee Amendment No. 3 Judicial Note Filed as Amended
11/6/2013	House	House Floor Amendment No. 4 Judicial Note Filed as Amended
11/6/2013	House	House Committee Amendment No. 3 State Debt Impact Note Filed as Amended
11/6/2013	House	House Floor Amendment No. 4 State Debt Impact Note Filed as Amended
11/6/2013	House	House Committee Amendment No. 3 Pension Note Filed as Amended
11/6/2013	House	House Floor Amendment No. 4 Pension Note Filed as Amended
11/6/2013	House	House Floor Amendment No. 5 Recommends Be Adopted Judiciary; 012-002-000
11/7/2013	House	House Floor Amendment No. 5 Housing Affordability Impact Note Filed as Amended
11/7/2013	House	House Floor Amendment No. 5 State Debt Impact Note Filed as Amended
11/7/2013	House	House Floor Amendment No. 5 Land Conveyance Appraisal Note Filed as Amended
11/7/2013	House	House Floor Amendment No. 5 Pension Note Filed as Amended
11/7/2013	House	House Floor Amendment No. 5 State Mandates Fiscal Note Filed as Amended
11/7/2013	House	House Floor Amendment No. 5 Home Rule Note Filed as Amended
11/7/2013	House	House Floor Amendment No. 5 Judicial Note Filed as Amended
11/8/2013	House	Land Conveyance Appraisal Note Filed
11/8/2013	House	Pension Note Filed
11/8/2013	House	Housing Affordability Impact Note Filed
11/8/2013	House	Correctional Note Filed
11/8/2013	House	Fiscal Note Filed
11/8/2013	House	House Committee Amendment No. 3 Fiscal Note Filed as Amended
11/8/2013	House	House Committee Amendment No. 3 Correctional Note Filed as Amended
11/8/2013	House	House Floor Amendment No. 4 Correctional Note Filed as Amended
11/8/2013	House	House Floor Amendment No. 4 Fiscal Note Filed as Amended
11/8/2013	House	House Floor Amendment No. 5 Fiscal Note Filed as Amended
11/8/2013	House	House Floor Amendment No. 5 Correctional Note Filed as Amended
11/13/2013	House	Judicial Note Filed
11/13/2013	House	State Mandates Fiscal Note Filed
11/13/2013	House	Home Rule Note Filed
11/18/2013	House	State Debt Impact Note Filed
11/27/2013	House	Final Action Deadline Extended-9(b) December 20, 2013
12/3/2013	House	Balanced Budget Note Filed
12/3/2013	House	House Committee Amendment No. 3 Balanced Budget Note Filed as Amended
12/3/2013	House	House Floor Amendment No. 4 Balanced Budget Note Filed as Amended
12/3/2013	House	House Floor Amendment No. 5 Balanced Budget Note Filed as Amended
12/20/2013	House	Rule 19(a) / Re-referred to Rules Committee
12/20/2013	House	House Floor Amendment No. 4 Rule 19(a) / Re-referred to Rules Committee
12/2/2014	House	Alternate Chief Sponsor Changed to Rep. Elaine Nekritz
12/2/2014	House	Approved for Consideration Rules Committee; 003-001-000
12/2/2014	House	Placed on Calendar 2nd Reading - Short Debate
12/2/2014	House	House Floor Amendment No. 6 Filed with Clerk by Rep. Elaine Nekritz
12/2/2014	House	House Floor Amendment No. 6 Referred to Rules Committee
12/2/2014	House	House Floor Amendment No. 6 Rules Refers to Judiciary
12/3/2014	House	House Floor Amendment No. 6 Recommends Be Adopted Judiciary; 015-000-000
12/3/2014	House	House Floor Amendment No. 7 Filed with Clerk by Rep. Ron Sandack
12/3/2014	House	House Floor Amendment No. 7 Referred to Rules Committee
12/3/2014	House	House Floor Amendment No. 5 Withdrawn by Rep. Michael J. Zalewski
12/3/2014	House	House Floor Amendment No. 6 Adopted
12/3/2014	House	Placed on Calendar Order of 3rd Reading - Short Debate
12/3/2014	House	3/5 Vote Required
12/3/2014	House	Third Reading - Short Debate - Passed 106-007-001
12/3/2014	Senate	Secretary's Desk - Concurrence House Amendment(s) 3, 6
12/3/2014	Senate	Placed on Calendar Order of Concurrence House Amendment(s) 3, 6 - December 4, 2014
12/3/2014	Senate	Chief Sponsor Changed to Sen. Kwame Raoul
12/3/2014	Senate	House Committee Amendment No. 3 Motion to Concur Filed with Secretary Sen. Kwame Raoul
12/3/2014	Senate	House Committee Amendment No. 3 Motion to Concur Referred to Assignments
12/3/2014	Senate	House Floor Amendment No. 6 Motion to Concur Filed with Secretary Sen. Kwame Raoul
12/3/2014	Senate	House Floor Amendment No. 6 Motion to Concur Referred to Assignments
12/3/2014	Senate	House Committee Amendment No. 3 Motion to Concur Assignments Referred to Judiciary
12/3/2014	Senate	House Floor Amendment No. 6 Motion to Concur Assignments Referred to Judiciary
12/4/2014	Senate	House Committee Amendment No. 3 Motion To Concur Recommended Do Adopt Judiciary; 009-000-001
12/4/2014	Senate	House Floor Amendment No. 6 Motion To Concur Recommended Do Adopt Judiciary; 009-000-001
12/4/2014	Senate	3/5 Vote Required
12/4/2014	Senate	House Committee Amendment No. 3 Senate Concurs 046-004-001
12/4/2014	Senate	House Floor Amendment No. 6 Senate Concurs 046-004-001
12/4/2014	Senate	Passed Both Houses
12/15/2014	Senate	Sent to the Governor
12/30/2014	Senate	Governor Approved
12/30/2014	Senate	Effective Date December 30, 2014
12/30/2014	Senate	Public Act . . . . . . . . . 98-1142

	Adds reference to:
	720 ILCS 5/24-1.1	from Ch. 38, par. 24-1.1

	Land Conveyance Appraisal Note, House Committee Amendment No. 3 (Dept. of Transportation)
	No land conveyances are included in this bill; therefore, there are no appraisals to be filed.

	Land Conveyance Appraisal Note, House Floor Amendment No. 4 (Dept. of Transportation)
	No land conveyances are included in this bill; therefore, there are no appraisals to be filed.

	Housing Affordability Impact Note, House Committee Amendment No. 3 (Housing Development Authority)
	This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

	Home Rule Note, House Committee Amendment No. 3 (Dept. of Commerce & Economic Opportunity)
	This bill does not pre-empt home rule authority.

	Home Rule Note, House Floor Amendment No. 4 (Dept. of Commerce & Economic Opportunity)
	This bill does not pre-empt home rule authority.

	State Mandates Fiscal Note, House Committee Amendment No. 3 (Dept. of Commerce & Economic Opportunity)
	This bill does not create a State mandate.

	State Mandates Fiscal Note, House Floor Amendment No. 4 (Dept. of Commerce & Economic Opportunity)
	This bill does not create a State mandate.

	Judicial Note, House Committee Amendment No. 3 (Admin Office of the Illinois Courts)
	This bill would neither increase nor decrease the number of judges needed in the State.

	Judicial Note, House Floor Amendment No. 4 (Admin Office of the Illinois Courts)
	This bill would neither increase nor decrease the number of judges needed in the State.

	Deletes reference to:
	730 ILCS 195/15

	Pension Note (Government Forecasting & Accountability)
	This bill will not impact any public pension fund or retirement system in Illinois.

	Correctional Note (Dept of Corrections)
	There are no penalty enhancements associated with SB 1342. The bill would have no fiscal or population impact on the Department.

	Fiscal Note (Dept of Corrections)
	There are no penalty enhancements associated with SB 1342. The bill would have no fiscal or population impact on the Department.

	State Debt Impact Note, House Committee Amendment No. 3 (Government Forecasting & Accountability)
	This bill would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

	State Debt Impact Note, House Floor Amendment No. 4 (Government Forecasting & Accountability)
	This bill would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

	Pension Note, House Committee Amendment No. 3 (Government Forecasting & Accountability)
	This bill will not impact any public pension fund or retirement system in Illinois.

	Pension Note, House Floor Amendment No. 4 (Government Forecasting & Accountability)
	This bill will not impact any public pension fund or retirement system in Illinois.

	Land Conveyance Appraisal Note (Dept. of Transportation)
	No land conveyances are included in this bill; therefore, there are no appraisals to be filed.

	Housing Affordability Impact Note (Housing Development Authority)
	This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

	Fiscal Note, House Committee Amendment No. 3 (Dept of Corrections)
	The total impact of SB 1342 (H-AM 3) would be an increase of 2,993 inmates. It would add additional operating costs and construction costs of $713,433,100.00 over ten years.

	Correctional Note, House Committee Amendment No. 3 (Dept of Corrections)
	The total impact of SB 1342 (H-AM 3) would be an increase of 2,993 inmates. It would add additional operating costs and construction costs of $713,433,100.00 over ten years.

	Correctional Note, House Floor Amendment No. 4 (Dept of Corrections)
	The total impact of SB 1342 (H-AM 4) would be an increase of 2,479 inmates. It would add additional operating costs and construction costs of $579,675,300.00 over ten years.

	Fiscal Note, House Floor Amendment No. 4 (Dept of Corrections)
	The total impact of SB 1342 (H-AM 4) would be an increase of 2,479 inmates. It would add additional operating costs and construction costs of $579,675,300.00 over ten years.

	Fiscal Note, House Floor Amendment No. 5 (Dept of Corrections)
	The total impact of SB 1342 (H-AM 5) would be an increase of 2,478 inmates. It would add additional operating costs and construction costs of $549,060,700.00 over ten years.

	Judicial Note (Admin Office of the Illinois Courts)
	This bill would neither increase nor decrease the number of judges needed in the State.

	State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
	This bill does not create a State mandate.

	Home Rule Note (Dept. of Commerce & Economic Opportunity)
	This bill does not pre-empt home rule authority.

	State Debt Impact Note (Dept. of Central Management Services)
	This bill would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

	Balanced Budget Note (Office of Management and Budget)
	SB 1342, as introduced, has no direct fiscal impact to the Illinois Department of Corrections.

	Balanced Budget Note, House Committee Amendment No. 3 (Office of Management and Budget)
	SB 1342 (H-AM 3) has a direct fiscal impact to the Illinois Department of Corrections. The total impact of SB 1342 (H-AM 3) would be an increase of 2,993 inmates. It would add additional operating costs and construction costs of $713,433,100.00 over ten years.

	Balanced Budget Note, House Floor Amendment No. 4 (Office of Management and Budget)
	SB 1342 (H-AM 4) has a direct fiscal impact to the Illinois Department of Corrections. The total impact of SB 1342 (H-AM 4) would be an increase of 2,479 inmates. It would add additional operating costs and construction costs of $579,675,300.00 over ten years.

	Balanced Budget Note, House Floor Amendment No. 5 (Office of Management and Budget)
	SB 1342 (H-AM 5) has a direct fiscal impact to the Illinois Department of Corrections. The total impact of SB 1342 (H-AM 5) would be an increase of 2,478 inmates. It would add additional operating costs and construction costs of $549,060,700.00 over ten years.