Public Act 098-0268
 
HB3038 EnrolledLRB098 07052 MRW 37111 b


  
    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 shall lie 
against a parent, step-parent, guardian, or grandparent for 
eavesdropping of electronic communications through access to 
their minor's electronic accounts 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. 
This provision does not diminish the protections given to 
electronic accounts of a minor under any existing law other 
than this Article.
(Source: P.A. 85-868.)




Effective Date:  1/1/2014