|
|
Judiciary II - Criminal Law Committee
Filed: 2/26/2004
|
|
09300HB4275ham001 |
|
LRB093 17716 RLC 48080 a |
|
|
| 1 |
| AMENDMENT TO HOUSE BILL 4275
|
| 2 |
| AMENDMENT NO. ______. Amend House Bill 4275 by replacing |
| 3 |
| everything after the enacting clause with the following:
|
| 4 |
| "Section 5. The Criminal Code of 1961 is amended by |
| 5 |
| changing Section 26-4 as follows:
|
| 6 |
| (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
|
| 7 |
| Sec. 26-4. Unauthorized video recording and live video |
| 8 |
| transmission
videotaping.
|
| 9 |
| (a) It is unlawful for any person to knowingly make a video |
| 10 |
| record or transmit live video of
videotape, photograph, or
film
|
| 11 |
| another person without that person's consent in a restroom, |
| 12 |
| tanning bed,
tanning salon, locker room, changing room, or |
| 13 |
| hotel bedroom.
|
| 14 |
| (a-5) It is unlawful for any person to knowingly make a |
| 15 |
| video record or transmit live video of
and secretly videotape,
|
| 16 |
| photograph, or film another person in that
the other person's |
| 17 |
| residence
without that person's consent.
|
| 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
|
| 23 |
| for the purpose of viewing the body of or the undergarments |
| 24 |
| worn by that other
person
without that person's consent.
|
|
|
|
09300HB4275ham001 |
- 2 - |
LRB093 17716 RLC 48080 a |
|
|
| 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).
|
| 17 |
| (b) Exemptions. The following activities shall be exempt |
| 18 |
| from the
provisions of this Section:
|
| 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;
|
| 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.
|
| 34 |
| (c) The provisions of this Section do not apply to any |
|
|
|
09300HB4275ham001 |
- 3 - |
LRB093 17716 RLC 48080 a |
|
|
| 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.
|
| 5 |
| (d) Sentence.
|
| 6 |
| (1) A violation of subsection (a), (a-5), or (a-10), |
| 7 |
| (a-15), or (a-20) is a
Class A
misdemeanor.
|
| 8 |
| (2) A violation of subsection (a-5) is a Class 4 |
| 9 |
| felony.
|
| 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.
|
| 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.
|
| 32 |
| (Source: P.A. 91-910, eff. 1-1-01; 92-86, eff. 7-12-01.)".
|