93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2134


 
Introduced 1/6/2004, by John J. Cullerton, Edward Petka
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/21-10 new












    Amends the Criminal Code of 1961. Creates the offense of criminal trespass to
a
motion picture exhibition facility. Provides that it is a Class 4 felony
to
knowingly possess, carry, bear, or transport an audiovisual recording device
into a
motion picture exhibition facility without the consent of the owner or lessee
of that
exhibition facility and the licensor of the motion picture being exhibited.
Establishes
immunity from civil liability for an owner, lessee, employee, or agent of a
motion picture exhibition facility who in good faith detains a person suspected
of a violation
of these provisions until law enforcement officers arrive. Permits law
enforcement
officers to carry audiovisual equipment into a motion picture exhibition
facility
during a lawful investigation. Effective immediately.




















LRB093 14113 RLC 40081 b




















CORRECTIONAL 
MAY APPLY
				
















 


 


A BILL FOR









 














SB2134

LRB093 14113 RLC 40081 b









1
    AN ACT in relation to criminal law.


 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly:
 
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    Section 5. The Criminal Code of 1961 is amended  by adding 
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Section 21-10 as follows:
 
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    (720 ILCS 5/21-10 new)

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    Sec. 21-10. Criminal  trespass  to  a  motion   picture


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exhibition facility.
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    (a)  Any  person who knowingly possesses, carries, bears,

or 
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transports an audiovisual recording device into  a  motion


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picture  exhibition facility without the consent of the owner

or 
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lessee of that exhibition facility and the licensor of the


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motion picture being exhibited is guilty of criminal trespass


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to a motion picture exhibition facility.

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    (b)  "Audiovisual recording device" means a photographic,


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digital, or video camera, web cam, or  any  other  technology

now   
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known  or  later  developed  capable  of  enabling  the

recording or 
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transmission of a motion  picture  or  any  part

thereof, 
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irrespective of whether audiovisual recording is the

sole or 
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primary purpose of the device.

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    (c)  Sentence.  Criminal  trespass  to  a  motion picture


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exhibition facility is a Class 4 felony.

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    (d)  The owner or lessee of a motion  picture  exhibition


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facility,  or  the authorized agent or employee of that owner

or 
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lessee, or  the  licensor  of  the  motion  picture  being

exhibited  
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or  his  or  her agent or employee, who alerts law

enforcement 
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authorities  of  an  alleged  violation  of  this

Section  is  not  
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liable  in  any civil action arising out of

measures taken by 
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that owner, lessee, agent, or  employee  in

the course of 
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subsequently detaining a person that the owner,

lessee,  
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employee,  or  agent  in good faith believed to have
violated this 
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Section  while  awaiting  the  arrival  of  law

enforcement  
 


 









SB2134
- 2 -
LRB093 14113 RLC 40081 b







1
authorities,  unless  the  plaintiff  in such an

action shows by  
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clear  and  convincing  evidence  that  such

measures  were  
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manifestly  unreasonable  or  the  period  of

detention was 
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unreasonably long.

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    (e)  This   Section   does   not   prevent  any  lawfully

authorized 
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investigative,  law  enforcement,  protective,  or

intelligence  
7
gathering  employee  or  agent  of the State or

federal government 
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from possessing, bearing, transporting, or

carrying  any  
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audiovisual  recording  device  or   concealed

audiovisual   
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recording   device   into  any  motion  picture

exhibition  facility   as   
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part   of   lawfully   authorized

investigative,  protective,  law 
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enforcement, or intelligence

gathering activities.


 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.