Bill Text: IL SB1349 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning eavesdropping.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-02-18 - Referred to Assignments [SB1349 Detail]

Download: Illinois-2015-SB1349-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1349 Introduced 2/18/2015, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED:
720 ILCS 5/14-1 from Ch. 38, par. 14-1
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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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 14-1 as follows:
(720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
Sec. 14-1. Definitions.
(a) Eavesdropping device.
An eavesdropping device is any device capable of being used
to hear or record oral conversation or intercept, or transcribe
electronic communications whether such conversation or
electronic communication is conducted in person, by telephone,
or by any other means; Provided, however, that 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 any law
enforcement officer and any party to a private conversation,
who operates or participates in the operation of any
eavesdropping device contrary to the provisions of this Article
or who acts as a principal, as defined in this Article.
(c) Principal.
A principal is any person who:

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(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 or her behalf.
(d) Private conversation.
For the purposes of this Article, "private conversation"
means any oral communication between 2 or more persons, whether
in person or transmitted between the parties by wire or other
means, when one or more of the parties intended the
communication to be of a private nature under circumstances
reasonably justifying that expectation. A reasonable
expectation shall include any expectation recognized by law,
including, but not limited to, an expectation derived from a
privilege, immunity, or right established by common law,
Supreme Court rule, or the Illinois or United States
Constitution.
(e) Private electronic communication.
For purposes of this Article, "private 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,
when the sending or receiving party intends the electronic
communication to be private under circumstances reasonably

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justifying that expectation. A reasonable expectation shall
include any expectation recognized by law, including, but not
limited to, an expectation derived from a privilege, immunity,
or right established by common law, Supreme Court rule, or the
Illinois or United States Constitution. Electronic
communication does not include any communication from a
tracking device.
(f) Bait car.
For purposes of this Article, "bait car" means any motor
vehicle that is not occupied by a law enforcement officer and
is used by a law enforcement agency to deter, detect, identify,
and assist in the apprehension of an auto theft suspect in the
act of stealing a motor vehicle.
(g) Surreptitious.
For purposes of this Article, "surreptitious" means
obtained or made by stealth or deception, or executed through
secrecy or concealment.
(Source: P.A. 98-1142, eff. 12-30-14.)