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Public Act 91-0657
HB0526 Re-Enrolled LRB9102239RCks
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 1961 is amended by
changing Sections 14-1 and 14-2 and by renumbering and
changing Section 14.4 as follows:
(720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
Sec. 14-1. Definition.
(a) Eavesdropping device.
An eavesdropping device is any device capable of being
used to hear or record oral conversation or intercept,
retain, or transcribe electronic communications whether such
conversation or electronic communication is conducted in
person, by telephone, or by any other means; Provided,
however, that this definition shall not include devices used
for the restoration of the deaf or hard-of-hearing to normal
or partial hearing.
(b) Eavesdropper.
An eavesdropper is any person, including law enforcement
officers, who is a principal, as defined in this Article, or
who operates or participates in the operation of any
eavesdropping device contrary to the provisions of this
Article.
(c) Principal.
A principal is any person who:
(1) Knowingly employs another who illegally uses an
eavesdropping device in the course of such employment; or
(2) Knowingly derives any benefit or information
from the illegal use of an eavesdropping device by
another; or
(3) Directs another to use an eavesdropping device
illegally on his behalf.
(d) Conversation.
For the purposes of this Article, the term conversation
means any oral communication between 2 or more persons
regardless of whether one or more of the parties intended
their communication to be of a private nature under
circumstances justifying that expectation.
(e) Electronic communication.
For purposes of this Article, the term electronic
communication means any transfer of signs, signals, writing,
images, sounds, data, or intelligence of any nature
transmitted in whole or part by a wire, radio, pager,
computer, electromagnetic, photo electronic or photo optical
system, where the sending and receiving parties intend the
electronic communication to be private and the interception,
recording, or transcription of the electronic communication
is accomplished by a device in a surreptitious manner
contrary to the provisions of this Article. Electronic
communication does not include any communication from a
tracking device.
(Source: P.A. 88-677, eff. 12-15-94.)
(720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
Sec. 14-2. Elements of the offense; affirmative defense.
(a) A person commits eavesdropping when he:
(1) (a) Knowingly and intentionally uses an
eavesdropping device for the purpose of hearing or
recording to hear or record all or any part of any
conversation or intercepts, retains, or transcribes
electronic communication unless he does so (A) (1) with
the consent of all of the parties to such conversation or
electronic communication or (B) (2) in accordance with
Article 108A or Article 108B of the "Code of Criminal
Procedure of 1963", approved August 14, 1963, as amended;
or
(2) Manufactures, assembles, distributes, or
possesses any electronic, mechanical, eavesdropping, or
other device knowing that or having reason to know that
the design of the device renders it primarily useful for
the purpose of the surreptitious hearing or recording of
oral conversations or the interception, retention, or
transcription of electronic communications and the
intended or actual use of the device is contrary to the
provisions of this Article; or
(3) (b) Uses or divulges, except as authorized by
this Article or by Article 108A or 108B of the "Code of
Criminal Procedure of 1963", approved August 14, 1963, as
amended, any information which he knows or reasonably
should know was obtained through the use of an
eavesdropping device.
(b) (c) It is an affirmative defense to a charge brought
under this Article relating to the interception of a
privileged communication that the person charged:
1. was a law enforcement officer acting pursuant to
an order of interception, entered pursuant to Section
108A-1 or 108B-5 of the Code of Criminal Procedure of
1963; and
2. at the time the communication was intercepted,
the officer was unaware that the communication was
privileged; and
3. stopped the interception within a reasonable
time after discovering that the communication was
privileged; and
4. did not disclose the contents of the
communication.
(c) It is not unlawful for a manufacturer or a supplier
of eavesdropping devices, or a provider of wire or electronic
communication services, their agents, employees, contractors,
or venders to manufacture, assemble, sell, or possess an
eavesdropping device within the normal course of their
business for purposes not contrary to this Article or for law
enforcement officers and employees of the Illinois Department
of Corrections to manufacture, assemble, purchase, or
possess an eavesdropping device in preparation for or within
the course of their official duties.
(d) The interception, recording, or transcription of an
electronic communication by an employee of the Illinois
Department of Corrections is not prohibited under this Act,
provided that the interception, recording, or transcription
is:
(1) otherwise legally permissible under Illinois
law;
(2) conducted with the approval of the Illinois
Department of Corrections for the purpose of
investigating or enforcing a State criminal law or a
Department rule or regulation with respect to persons
committed to the Department; and
(3) within the scope of the employee's official
duties.
(Source: P.A. 85-1203.)
(720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
Sec. 14-4. 14.4. Sentence.)
(a) Eavesdropping, for a first offense, is a Class 4
felony, and, for a second or subsequent offense, is a Class 3
felony.
(b) The eavesdropping of an oral conversation or an
electronic communication between 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 this Article or proper court order, is a Class 1 felony.
(Source: P.A. 79-781; revised 3-12-98.)
Section 99. Effective date. This Act takes effect on
January 1, 2000.
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