Bill Text: IL HB4534 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Permits the use of an eavesdropping device with the consent of any one party (rather than all of the parties) to the conversation or electronic communication and at the request of a State's Attorney. Permits a person to use or divulge information obtained by the use of an eavesdropping device in a criminal proceeding. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4534 Detail]

Download: Illinois-2011-HB4534-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB4534 Introduced , by Rep. Jim Sacia SYNOPSIS AS INTRODUCED:
720 ILCS 5/14-2 from Ch. 38, par. 14-2
Amends the Criminal Code of 1961. Permits the use of an eavesdropping device with the consent of any one party (rather than all of the parties) to the conversation or electronic communication and at the request of a State's Attorney. Permits a person to use or divulge information obtained by the use of an eavesdropping device in a criminal proceeding. Effective immediately.
LRB097 14836 RLC 59867 b
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 1961 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:
(1) Knowingly and intentionally uses an eavesdropping
device for the purpose of hearing or recording all or any
part of any conversation or intercepts, retains, or
transcribes electronic communication unless he does so (A)
with the consent of any one party all of the parties to
such conversation or electronic communication and at the
request of a State's Attorney or (B) in accordance with
Article 108A or Article 108B of the "Code of Criminal
Procedure of 1963", approved August 14, 1963, as amended;
or
(2) 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 hearing or recording of oral

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conversations or the interception, retention, or
transcription of electronic communications and the
intended or actual use of the device is contrary to the
provisions of this Article; or
(3) Uses or divulges, except in a criminal proceeding
or as authorized by this Article or by Article 108A or 108B
of the "Code of Criminal Procedure of 1963", approved
August 14, 1963, as amended, any information which he knows
or reasonably should know was obtained through the use of
an eavesdropping device.
(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,

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or venders to manufacture, assemble, sell, or possess an
eavesdropping device within the normal course of their business
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.
(Source: P.A. 94-183, eff. 1-1-06.)
Section 99. Effective date. This Act takes effect upon
becoming law.