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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4098 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
| | 720 ILCS 5/14-1 | from Ch. 38, par. 14-1 |
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Amends the Criminal Code of 2012. Makes a technical change in a Section concerning eavesdropping.
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| | A BILL FOR |
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| | HB4098 | | LRB098 15656 RLC 50687 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Section 14-1 as follows:
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| 6 | | (720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
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| 7 | | Sec. 14-1. Definition.
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| 8 | | (a) Eavesdropping device.
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| 9 | | An eavesdropping device is any device capable of being used |
| 10 | | to hear or
record oral conversation or intercept, retain, or |
| 11 | | transcribe electronic
communications whether such conversation |
| 12 | | or electronic communication is
conducted in person,
by |
| 13 | | telephone, or by any other means; Provided, however, that
that |
| 14 | | this
definition shall not include devices used for the |
| 15 | | restoration of the deaf
or hard-of-hearing to normal or partial |
| 16 | | hearing. |
| 17 | | (b) Eavesdropper.
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| 18 | | An eavesdropper is any person, including law enforcement |
| 19 | | officers, who is a
principal, as defined in this Article, or |
| 20 | | who
operates or participates in the operation of any |
| 21 | | eavesdropping device
contrary to the provisions of this |
| 22 | | Article.
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| 23 | | (c) Principal.
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| | HB4098 | - 2 - | LRB098 15656 RLC 50687 b |
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| 1 | | A principal is any person who:
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| 2 | | (1) Knowingly employs another who illegally uses an |
| 3 | | eavesdropping
device in the course of such employment; or
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| 4 | | (2) Knowingly derives any benefit or information from |
| 5 | | the illegal use
of an eavesdropping device by another; or
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| 6 | | (3) Directs another to use an eavesdropping device |
| 7 | | illegally on his
behalf.
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| 8 | | (d) Conversation.
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| 9 | | For the purposes of this Article, the term conversation |
| 10 | | means any oral
communication between 2 or more persons |
| 11 | | regardless of whether one or more of
the parties intended their |
| 12 | | communication to be of a private nature under
circumstances |
| 13 | | justifying that expectation.
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| 14 | | (e) Electronic communication.
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| 15 | | For purposes of this Article, the term electronic |
| 16 | | communication means any
transfer of signs, signals, writing, |
| 17 | | images, sounds, data, or intelligence of
any nature transmitted |
| 18 | | in whole or part by a wire, radio, pager, computer,
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| 19 | | electromagnetic, photo electronic or photo optical system, |
| 20 | | where the sending
and receiving parties intend the electronic |
| 21 | | communication to be private and the
interception, recording, or |
| 22 | | transcription of the electronic communication is
accomplished |
| 23 | | by a device in a surreptitious manner contrary to the |
| 24 | | provisions
of this Article. Electronic communication does not |
| 25 | | include any communication
from a tracking device. |
| 26 | | (f) Bait car. |
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| | HB4098 | - 3 - | LRB098 15656 RLC 50687 b |
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| 1 | | For purposes of this Article, the term bait car means any |
| 2 | | motor vehicle that is not occupied by a law enforcement officer |
| 3 | | and is used by a law enforcement agency to deter, detect, |
| 4 | | identify, and assist in the apprehension of an auto theft |
| 5 | | suspect in the act of stealing a motor vehicle.
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| 6 | | (Source: P.A. 95-258, eff. 1-1-08.)
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