HB3038 98TH GENERAL ASSEMBLY

LRB098 07052 MRW 37111 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3038

Introduced , by Rep. Ann Williams

SYNOPSIS AS INTRODUCED:

720 ILCS 5/14-6

from Ch. 38, par. 14-6

Amends the Criminal Code of 2012. Provides that parties to an electronic communication intercepted contrary to the Eavesdropping Article of the Code are entitled to the civil remedies prescribed in that Article. Provides that a civil claim, cause of action, or remedy on behalf of a minor shall not lie against a parent, step-parent, guardian, or grandparent for eavesdropping of electronic communications taken during that parent, step-parent, guardian, or grandparent's exercise of his or her parental rights to supervise, monitor, and control the activities of a minor in his or her care, custody, or control. Provides that a claim or cause of action that alleges a violation of the Eavesdropping Article may not lie against a reporter or news medium for actions undertaken in the newsgathering process. Provides that this protection does not diminish the protections given to reporters or news medium under the Code of Civil Procedure.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 2012 is amended by changing Section 14-6 as follows:

(720 ILCS 5/14-6) (from Ch. 38, par. 14-6)

Sec. 14-6. Civil remedies to injured parties. (1) Any or all parties to any conversation or electronic communication upon which eavesdropping is practiced contrary to this Article shall be entitled to the following remedies:

(a) To an injunction by the circuit court prohibiting further eavesdropping by the eavesdropper and by or on behalf of his principal, or either;

(b) To all actual damages against the eavesdropper or his principal or both;

(c) To any punitive damages which may be awarded by the court or by a jury;

(d) To all actual damages against any landlord, owner or building operator, or any common carrier by wire who aids, abets, or knowingly permits the eavesdropping concerned;

(e) To any punitive damages which may be awarded by the court or by a jury against any landlord, owner or building operator, or common carrier by wire who aids, abets, or knowingly permits the eavesdropping concerned.

(2) No cause of action shall lie in any court against any common carrier by wire or its officers, agents or employees for providing information, assistance or facilities in accordance with the terms of a court order entered under Article 108A of the Code of Criminal Procedure of 1963.

(3) No civil claim, cause of action, or remedy on behalf of a minor shall lie against a parent, step-parent, guardian, or grandparent for eavesdropping of electronic communications taken during that parent, step-parent, guardian, or grandparent's exercise of his or her parental rights to supervise, monitor, and control the activities of a minor in his or her care, custody, or control.

(4) No claim or cause of action that alleges a violation of this Article may lie against a reporter or news medium for actions undertaken in the newsgathering process. This protection does not diminish the protections given to reporters or news medium under Part 9 of Article VIII of the Code of Civil Procedure.

(Source: P.A. 85-868.)