Bill Text: IL HB4465 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that it is not eavesdropping if the recording of the private conversation or private electronic communication is made with the consent of one party to the private conversation or private electronic communication who has full knowledge and notice that the private conversation or private electronic communication will be used, disclosed, overheard, transmitted, transcribed, or recorded.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2020-02-03 - Referred to Rules Committee [HB4465 Detail]

Download: Illinois-2019-HB4465-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4465 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED:
720 ILCS 5/14-2 from Ch. 38, par. 14-2
Amends the Criminal Code of 2012. Provides that it is not eavesdropping if the recording of the private conversation or private electronic communication is made with the consent of one party to the private conversation or private electronic communication who has full knowledge and notice that the private conversation or private electronic communication will be used, disclosed, overheard, transmitted, transcribed, or recorded.
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A BILL FOR
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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 14-2 as follows:
(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 or she knowingly
and intentionally:
(1) Uses an eavesdropping device, in a surreptitious
manner, for the purpose of overhearing, transmitting, or
recording all or any part of any private conversation to
which he or she is not a party unless he or she does so with
the consent of one party all of the parties to the private
conversation who has full knowledge and notice that the
private conversation will be overheard, transmitted, or
recorded;
(2) Uses an eavesdropping device, in a surreptitious
manner, for the purpose of transmitting or recording all or
any part of any private conversation to which he or she is
a party unless he or she does so with the consent of one
party all other parties to the private conversation who has
full knowledge and notice that the private conversation

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will be transmitted or recorded;
(3) Intercepts, records, or transcribes, in a
surreptitious manner, any private electronic communication
to which he or she is not a party unless he or she does so
with the consent of one party all parties to the private
electronic communication who has full knowledge and notice
that the private electronic communication will be
intercepted, recorded, or transcribed;
(4) 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 overhearing, transmitting, or recording
of private conversations or the interception, or
transcription of private electronic communications and the
intended or actual use of the device is contrary to the
provisions of this Article; or
(5) Uses or discloses any information which he or she
knows or reasonably should know was obtained from a private
conversation or private electronic communication in
violation of this Article, unless he or she does so with
the consent of one party to the private conversation or
private electronic communication who has full knowledge
and notice that the private conversation or private
electronic communication will be used or disclosed all of
the parties.

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(a-5) It does not constitute a violation of this Article to
surreptitiously use an eavesdropping device to overhear,
transmit, or record a private conversation, or to
surreptitiously intercept, record, or transcribe a private
electronic communication, if the overhearing, transmitting,
recording, interception, or transcription is done in
accordance with Article 108A or Article 108B of the Code of
Criminal Procedure of 1963.
(b) 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

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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 a penal institution
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 penal
institution for the purpose of investigating or enforcing a
State criminal law or a penal institution rule or
regulation with respect to inmates in the institution; and
(3) within the scope of the employee's official duties.
For the purposes of this subsection (d), "penal
institution" has the meaning ascribed to it in clause (c)(1) of
Section 31A-1.1.
(e) Nothing in this Article shall prohibit any individual,
not a law enforcement officer, from recording a law enforcement
officer in the performance of his or her duties in a public
place or in circumstances in which the officer has no
reasonable expectation of privacy. However, an officer may take
reasonable action to maintain safety and control, secure crime
scenes and accident sites, protect the integrity and
confidentiality of investigations, and protect the public

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safety and order.
(Source: P.A. 98-1142, eff. 12-30-14; 99-352, eff. 1-1-16.)