725 ILCS 5/108B-1
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title II - Apprehension And Investigation

 (from Ch. 38, par. 108B-1)Sec. 108B-1. Definitions. For the purpose of this Article:(a) "Aggrieved person" means a person who was a party to any intercepted  private communication or any person against  whom the intercept was directed.(b) "Chief Judge" means, when referring to a judge authorized to receive  application for, and to enter orders authorizing, interceptions of private  communications, the Chief Judge of the Circuit  Court wherein the application for order of interception is filed, or a Circuit  Judge  designated by the Chief Judge to enter these orders. In circuits other than  the Cook County Circuit, "Chief Judge" also means, when referring to a  judge authorized to receive application for, and to enter orders  authorizing, interceptions of private  communications, an Associate  Judge authorized by Supreme Court Rule to try felony cases who is assigned  by the Chief Judge to enter these orders.  After assignment by the Chief  Judge, an Associate Judge shall have plenary authority to issue orders  without additional authorization for each specific application made to him  by the State's Attorney until the time the  Associate  Judge's power is rescinded by the Chief Judge.(c) "Communications common carrier" means any person engaged as a common  carrier in the transmission of communications by wire or radio,  not including radio broadcasting.(d) "Contents" includes information obtained from  a private  communication concerning the existence, substance,  purport or meaning of the communication, or the identity of a party of the  communication.(e) "Court of competent jurisdiction" means any circuit court.(f) (Blank).(g) "Director" means Director of the Illinois State Police.(g-1) "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, or electromagnetic, photo  electronic, or photo optical system where the sending and receiving parties  intend the electronic communication to be private and the interception,  recording, or transcription of the electronic communication is accomplished by  a device in a surreptitious manner contrary to the provisions of this Article.  "Electronic communication" does not include:(1) any wire or oral communication; or(2) any communication from a tracking device.(h) "Electronic criminal surveillance device" or "eavesdropping device"  means any device or apparatus, or computer program including an induction  coil, that can be used to intercept private  communication other than:(1) Any telephone, telegraph or telecommunication     instrument, equipment or facility, or any component of it, furnished to the subscriber or user by a communication common carrier in the ordinary course of its business, or purchased by any person and being used by the subscriber, user or person in the ordinary course of his business, or being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties; or(2) A hearing aid or similar device being used to     correct subnormal hearing to not better than normal.(i) "Electronic criminal surveillance officer" means any law enforcement  officer or retired law enforcement officer of the United States or of the State  or political subdivision of  it, or of another State, or of a political subdivision of it, who is  certified by the Illinois State Police to intercept private  communications.  A retired law enforcement officer may be certified by the Illinois State  Police only to (i) prepare petitions for the authority to intercept private   communications in accordance with the provisions of this Act; (ii)  intercept and supervise the interception of private communications;  (iii)  handle, safeguard, and use evidence derived from such private  communications; and (iv) operate and maintain equipment used to intercept  private  communications.(j) "In-progress trace" means to determine the origin of a wire  communication to a telephone or telegraph instrument, equipment or facility  during the course of the communication.(k) "Intercept" means the aural or other acquisition of the contents of  any private communication through the use of any  electronic criminal  surveillance device.(l) "Journalist" means a person engaged in, connected with, or employed  by news media, including newspapers, magazines, press associations, news  agencies, wire services, radio, television or other similar media, for the  purpose of gathering, processing, transmitting, compiling, editing or  disseminating news for the general public.(m) "Law enforcement agency" means any law enforcement agency of the  United States, or the State or a political subdivision of it.(n) "Oral communication" means human speech used to  communicate by one  party to another, in person, by wire communication or by any other means.(o) "Private communication" means a wire,  oral, or electronic communication  uttered or transmitted by a person exhibiting an expectation that the  communication is not  subject to interception, under circumstances reasonably justifying the  expectation.  Circumstances that reasonably justify the expectation that  a communication is not subject to interception include the use of a  cordless telephone or cellular communication device.(p) "Wire communication" means any human speech used to communicate by  one party to another in whole or in part through the use of facilities for  the transmission of communications by wire, cable or other like  connection between the point of origin and the point of reception  furnished or operated by a communications common carrier.(q) "Privileged communications" means a private  communication between:(1) a licensed and practicing physician and a patient     within the scope of the profession of the physician;(2) a licensed and practicing psychologist to a     patient within the scope of the profession of the psychologist;(3) a licensed and practicing attorney-at-law and a     client within the scope of the profession of the lawyer;(4) a practicing clergyman and a confidant within the     scope of the profession of the clergyman;(5) a practicing journalist within the scope of his     profession;(6) spouses within the scope of their marital     relationship; or(7) a licensed and practicing social worker to a     client within the scope of the profession of the social worker.(r) "Retired law  enforcement officer" means a person: (1) who is a graduate of a  police training institute or academy, who after graduating served for  at least 15 consecutive years as a sworn, full-time peace officer  qualified to carry firearms for any federal or State department or  agency or for any unit of local government of Illinois; (2) who has  retired as a local, State, or federal peace officer in a  publicly created peace officer retirement system; and (3) whose  service in law enforcement was honorably terminated through  retirement or disability and not as a result of discipline, suspension,  or discharge.  (Source: P.A. 102-538, eff. 8-20-21.)