Bill Text: IL SB2987 | 2009-2010 | 96th General Assembly | Engrossed
Bill Title: Amends the Criminal Code of 1961. 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-12-21 - Placed on Calendar 2nd Reading - Short Debate [SB2987 Detail]
Download: Illinois-2009-SB2987-Engrossed.html
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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,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
| 5 | Section 14-6 as follows:
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| 6 | (720 ILCS 5/14-6) (from Ch. 38, par. 14-6)
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| 7 | Sec. 14-6.
Civil
remedies to injured parties.
(1) Any or | ||||||
| 8 | all parties to any conversation or electronic communication | ||||||
| 9 | upon which eavesdropping is
practiced contrary to this Article | ||||||
| 10 | shall be entitled to the following
remedies:
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| 11 | (a) To an injunction by
the circuit court
prohibiting
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| 12 | further eavesdropping by the eavesdropper and by or on behalf | ||||||
| 13 | of his
principal, or either;
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| 14 | (b) To all actual damages against the eavesdropper or his | ||||||
| 15 | principal or
both;
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| 16 | (c) To any punitive damages which may be awarded by the | ||||||
| 17 | court or by a
jury;
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| 18 | (d) To all actual damages against any landlord, owner or | ||||||
| 19 | building
operator, or any common carrier by wire who aids, | ||||||
| 20 | abets, or knowingly
permits the eavesdropping concerned;
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| 21 | (e) To any punitive damages which may be awarded by the | ||||||
| 22 | court or by a
jury against any landlord, owner or building | ||||||
| 23 | operator, or common carrier by
wire who aids, abets, or | ||||||
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| 1 | knowingly permits the eavesdropping concerned.
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| 2 | (2) No cause of action shall lie in any court against any | ||||||
| 3 | common
carrier by wire or its officers, agents or employees for | ||||||
| 4 | providing
information, assistance or facilities in accordance | ||||||
| 5 | with the terms of a
court order entered under Article 108A of | ||||||
| 6 | the Code of Criminal Procedure of 1963.
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| 7 | (Source: P.A. 85-868.)
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