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Public Act 92-0863
HB4074 Re-Enrolled LRB9212179RCcdA
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 108B-1 and adding Section
108B-1.5 as follows:
(725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
Sec. 108B-1. Definitions. For the purpose of this
Article:
(a) "Aggrieved person" means a person who was a party to
any intercepted wire or oral communication or any person
against whom the intercept was directed.
(b) "Chief Judge" means, when referring to a judge
authorized to receive application for, and to enter orders
authorizing, interceptions of private oral communications,
the Chief Judge of the Circuit Court wherein the application
for order of interception is filed, or a Circuit Judge
designated by the Chief Judge to enter these orders. In
circuits other than the Cook County Circuit, "Chief Judge"
also means, when referring to a judge authorized to receive
application for, and to enter orders authorizing,
interceptions of private oral communications, an Associate
Judge authorized by Supreme Court Rule to try felony cases
who is assigned by the Chief Judge to enter these orders.
After assignment by the Chief Judge, an Associate Judge shall
have plenary authority to issue orders without additional
authorization for each specific application made to him by
the State's Attorney until the time the Associate Judge's
power is rescinded by the Chief Judge.
(c) "Communications common carrier" means any person
engaged as a common carrier for hire in the transmission of
communications by wire or radio, not including radio
broadcasting.
(d) "Contents" includes information obtained from a
private oral communication concerning the existence,
substance, purport or meaning of the communication, or the
identity of a party of the communication.
(e) "Court of competent jurisdiction" means any circuit
court.
(f) "Department" means Illinois Department of State
Police.
(g) "Director" means Director of the Illinois Department
of State Police.
(h) "Electronic criminal surveillance device" or
"eavesdropping device" means any device or apparatus,
including an induction coil, that can be used to intercept
human speech other than:
(1) Any telephone, telegraph or telecommunication
instrument, equipment or facility, or any component of
it, furnished to the subscriber or user by a
communication common carrier in the ordinary course of
its business, or purchased by any person and being used
by the subscriber, user or person in the ordinary course
of his business, or being used by a communications common
carrier in the ordinary course of its business, or by an
investigative or law enforcement officer in the ordinary
course of his duties; or
(2) A hearing aid or similar device being used to
correct subnormal hearing to not better than normal.
(i) "Electronic criminal surveillance officer" means any
law enforcement officer or retired law enforcement officer of
the United States or of the State or political subdivision of
it, or of another State, or of a political subdivision of it,
who is certified by the Illinois Department of State Police
to intercept private oral communications. A retired law
enforcement officer may be certified by the Illinois State
Police only to (i) prepare petitions for the authority to
intercept private oral communications in accordance with the
provisions of this Act; (ii) intercept and supervise the
interception of private oral communications; (iii) handle,
safeguard, and use evidence derived from such private oral
communications; and (iv) operate and maintain equipment used
to intercept private oral communications.
(j) "In-progress trace" means to determine the origin of
a wire communication to a telephone or telegraph instrument,
equipment or facility during the course of the communication.
(k) "Intercept" means the aural acquisition of the
contents of any oral communication through the use of any
electronic criminal surveillance device.
(l) "Journalist" means a person engaged in, connected
with, or employed by news media, including newspapers,
magazines, press associations, news agencies, wire services,
radio, television or other similar media, for the purpose of
gathering, processing, transmitting, compiling, editing or
disseminating news for the general public.
(m) "Law enforcement agency" means any law enforcement
agency of the United States, or the State or a political
subdivision of it.
(n) "Oral communication" means human speech used to
communicate by one party to another, in person, by wire
communication or by any other means.
(o) "Private oral communication" means a wire or oral
communication uttered by a person exhibiting an expectation
that the communication is not subject to interception, under
circumstances reasonably justifying the expectation.
Circumstances that reasonably justify the expectation that a
communication is not subject to interception include the use
of a cordless telephone or cellular communication device.
(p) "Wire communication" means any human speech used to
communicate by one party to another in whole or in part
through the use of facilities for the transmission of
communications by wire, cable or other like connection
between the point of origin and the point of reception
furnished or operated by a communications common carrier.
(q) "Privileged communications" means a private oral
communication between:
(1) a licensed and practicing physician and a
patient within the scope of the profession of the
physician;
(2) a licensed and practicing psychologist to a
patient within the scope of the profession of the
psychologist;
(3) a licensed and practicing attorney-at-law and a
client within the scope of the profession of the lawyer;
(4) a practicing clergyman and a confidant within
the scope of the profession of the clergyman;
(5) a practicing journalist within the scope of his
profession;
(6) spouses within the scope of their marital
relationship; or
(7) a licensed and practicing social worker to a
client within the scope of the profession of the social
worker.
(r) "Retired law enforcement officer" means a person:
(1) who is a graduate of a police training institute or
academy, who after graduating served for at least 15
consecutive years as a sworn, full-time peace officer
qualified to carry firearms for any federal or State
department or agency or for any unit of local government of
Illinois; (2) who has retired as a local, State, or federal
peace officer in a publicly created peace officer retirement
system; and (3) whose service in law enforcement was
honorably terminated through retirement or disability and not
as a result of discipline, suspension, or discharge.
(Source: P.A. 86-391; 86-763; 86-1028; 86-1206; 87-530.)
(725 ILCS 5/108B-1.5 new)
Sec. 108B-1.5. Retired law enforcement officer. Nothing
in this Article authorizes a retired law enforcement officer
to display or use a firearm at any time.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 07, 2002.
Governor Amendatory Veto August 02, 2002.
General Assembly Accepts Amendatory Veto December 04, 2002.
Returned to Governor for Certification December 11, 2002.
Governor Certifies Changes January 03, 2003.
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