Judiciary II - Criminal Law Committee
Filed: 2/26/2004
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1 | AMENDMENT TO HOUSE BILL 4275
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2 | AMENDMENT NO. ______. Amend House Bill 4275 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
5 | changing Section 26-4 as follows:
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6 | (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
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7 | Sec. 26-4. Unauthorized video recording and live video | ||||||
8 | transmission
videotaping .
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9 | (a) It is unlawful for any person to knowingly make a video | ||||||
10 | record or transmit live video of
videotape, photograph, or
film
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11 | another person without that person's consent in a restroom, | ||||||
12 | tanning bed,
tanning salon, locker room, changing room, or | ||||||
13 | hotel bedroom.
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14 | (a-5) It is unlawful for any person to knowingly make a | ||||||
15 | video record or transmit live video of
and secretly videotape,
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16 | photograph, or film another person in that
the other person's | ||||||
17 | residence
without that person's consent.
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18 | (a-10) It is unlawful for any person , using a concealed | ||||||
19 | camcorder or
photographic
camera of any type, to knowingly make | ||||||
20 | a video record or transmit live video of
and secretly | ||||||
21 | videotape, photograph, or record
by
electronic means, another | ||||||
22 | person under or through the clothing worn by that
other person
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23 | for the purpose of viewing the body of or the undergarments | ||||||
24 | worn by that other
person
without that person's consent.
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1 | (a-15) It is unlawful for any person to place or cause to | ||||||
2 | be placed a device that makes a video record or transmits a | ||||||
3 | live video in a restroom, tanning bed, tanning salon, locker | ||||||
4 | room, changing room, or hotel bedroom with the intent to make a | ||||||
5 | video record or transmit live video of another person without | ||||||
6 | that person's consent. | ||||||
7 | (a-20) It is unlawful for any person to place or cause to | ||||||
8 | be placed a device that makes a video record or transmits a | ||||||
9 | live video with the intent to make a video record or transmit | ||||||
10 | live video of another person in that other person's residence | ||||||
11 | without that person's consent. | ||||||
12 | (a-25) It is unlawful for any person to, by any means, | ||||||
13 | knowingly disseminate, or permit to be disseminated, a video | ||||||
14 | record or live video that he or she knows to have been made or | ||||||
15 | transmitted in violation of (a), (a-5), (a-10), (a-15), or | ||||||
16 | (a-20).
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17 | (b) Exemptions. The following activities shall be exempt | ||||||
18 | from the
provisions of this Section:
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19 | (1) The making of a video record or transmission of | ||||||
20 | live video
Videotaping, photographing, and filming by law | ||||||
21 | enforcement
officers pursuant to a criminal investigation, | ||||||
22 | which is otherwise lawful;
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23 | (2) The making of a video record or transmission of | ||||||
24 | live video
Videotaping, photographing, and filming by | ||||||
25 | correctional officials
for security reasons or for | ||||||
26 | investigation of alleged misconduct involving a
person | ||||||
27 | committed to the Department of Corrections. | ||||||
28 | (3) The making of a video record or transmission of | ||||||
29 | live video in a locker room by a reporter or news medium, | ||||||
30 | as those terms are defined in Section 8-902 of the Code of | ||||||
31 | Civil Procedure, where the reporter or news medium has been | ||||||
32 | granted access to the locker room by an appropriate | ||||||
33 | authority for the purpose of conducting interviews.
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34 | (c) The provisions of this Section do not apply to any |
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1 | sound recording
or transmission of an oral conversation made as | ||||||
2 | the result of the making of a video record or transmission of | ||||||
3 | live video
videotaping or filming ,
and to which Article 14 of | ||||||
4 | this Code applies.
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5 | (d) Sentence.
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6 | (1) A violation of subsection (a), (a-5), or (a-10) , | ||||||
7 | (a-15), or (a-20) is a
Class A
misdemeanor.
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8 | (2) A violation of subsection (a-5) is a Class 4 | ||||||
9 | felony.
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10 | (3) A violation of subsection (a-25) is a Class 3 | ||||||
11 | felony. | ||||||
12 | (4) A violation of subsection (a), (a-5), (a-10), | ||||||
13 | (a-15) or (a-20) is a Class 3 felony if the victim is a | ||||||
14 | person under 18 years of age or if the violation is | ||||||
15 | committed by an individual who is required to register as a | ||||||
16 | sex offender under the Sex Offender Registration Act. | ||||||
17 | (5) A violation of subsection (a-25) is a Class 2 | ||||||
18 | felony if the victim is a person under 18 years of age or | ||||||
19 | if the violation is committed by an individual who is | ||||||
20 | required to register as a sex offender under the Sex | ||||||
21 | Offender Registration Act.
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22 | (2) A person who, by any means, knowingly disseminates | ||||||
23 | or permits the
dissemination to another person of a | ||||||
24 | videotape, photograph, or film in
violation of subsection | ||||||
25 | (a), (a-5), or (a-10) is guilty of a
Class 4 felony. | ||||||
26 | (e) For purposes of this Section, "video record" means and | ||||||
27 | includes any videotape, photograph, film, or other electronic | ||||||
28 | or digital recording of a still or moving visual image; and | ||||||
29 | "live video" means and includes any real-time or | ||||||
30 | contemporaneous electronic or digital transmission of a still | ||||||
31 | or moving visual image.
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32 | (Source: P.A. 91-910, eff. 1-1-01; 92-86, eff. 7-12-01.)".
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