Bill Text: IL HB3038 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0268 [HB3038 Detail]

Download: Illinois-2013-HB3038-Engrossed.html

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HB3038 Engrossed LRB098 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

HB3038 Engrossed - 2 - LRB098 07052 MRW 37111 b
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.)