Judiciary II - Criminal Law Committee
Filed: 3/22/2007
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 306
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 306 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.
| ||||||
9 | (a) It is unlawful for any person to knowingly make a video | ||||||
10 | record or transmit live video of
another person without that | ||||||
11 | person's consent in a restroom, tanning bed,
tanning salon,
| ||||||
12 | locker room, changing room, or hotel bedroom.
| ||||||
13 | (a-4) It is unlawful for any person to knowingly make a | ||||||
14 | video record or transmit live video of
another person without | ||||||
15 | that person's consent in a tanning bed or tanning salon.
| ||||||
16 | (a-5) It is unlawful for any person to knowingly make a |
| |||||||
| |||||||
1 | video record or transmit live video of another person in that | ||||||
2 | other person's residence
without that person's consent.
| ||||||
3 | (a-10) It is unlawful for any person to knowingly make a | ||||||
4 | video record or transmit live video of another person under or | ||||||
5 | through the clothing worn by that
other person
for the purpose | ||||||
6 | of viewing the body of or the undergarments worn by that other
| ||||||
7 | person
without that person's consent.
| ||||||
8 | (a-15) It is unlawful for any person to place or cause to | ||||||
9 | be placed a device that makes a video record or transmits a | ||||||
10 | live video in a restroom, tanning bed, tanning salon, locker | ||||||
11 | room, changing room, or hotel bedroom with the intent to make a | ||||||
12 | video record or transmit live video of another person without | ||||||
13 | that person's consent. | ||||||
14 | (a-20) It is unlawful for any person to place or cause to | ||||||
15 | be placed a device that makes a video record or transmits a | ||||||
16 | live video with the intent to make a video record or transmit | ||||||
17 | live video of another person in that other person's residence | ||||||
18 | without that person's consent. | ||||||
19 | (a-25) It is unlawful for any person to, by any means, | ||||||
20 | knowingly disseminate, or permit to be disseminated, a video | ||||||
21 | record or live video that he or she knows to have been made or | ||||||
22 | transmitted in violation of (a), (a-5), (a-10), (a-15), or | ||||||
23 | (a-20).
| ||||||
24 | (b) Exemptions. The following activities shall be exempt | ||||||
25 | from the
provisions of this Section:
| ||||||
26 | (1) The making of a video record or transmission of |
| |||||||
| |||||||
1 | live video by law enforcement
officers pursuant to a | ||||||
2 | criminal investigation, which is otherwise lawful;
| ||||||
3 | (2) The making of a video record or transmission of | ||||||
4 | live video by correctional officials
for security reasons | ||||||
5 | or for investigation of alleged misconduct involving a
| ||||||
6 | person committed to the Department of Corrections. | ||||||
7 | (3) The making of a video record or transmission of | ||||||
8 | live video in a locker room by a reporter or news medium, | ||||||
9 | as those terms are defined in Section 8-902 of the Code of | ||||||
10 | Civil Procedure, where the reporter or news medium has been | ||||||
11 | granted access to the locker room by an appropriate | ||||||
12 | authority for the purpose of conducting interviews.
| ||||||
13 | (c) The provisions of this Section do not apply to any | ||||||
14 | sound recording
or transmission of an oral conversation made as | ||||||
15 | the result of the making of a video record or transmission of | ||||||
16 | live video,
and to which Article 14 of this Code applies.
| ||||||
17 | (d) Sentence.
| ||||||
18 | (1) A violation of subsection (a), (a-10), (a-15), or | ||||||
19 | (a-20) is a
Class A
misdemeanor.
| ||||||
20 | (2) A violation of subsection (a-4) or (a-5) is a Class | ||||||
21 | 4 felony.
| ||||||
22 | (3) A violation of subsection (a-25) is a Class 3 | ||||||
23 | felony. | ||||||
24 | (4) A violation of subsection (a), (a-5), (a-10), | ||||||
25 | (a-15) or (a-20) is a Class 3 felony if the victim is a | ||||||
26 | person under 18 years of age or if the violation is |
| |||||||
| |||||||
1 | committed by an individual who is required to register as a | ||||||
2 | sex offender under the Sex Offender Registration Act. | ||||||
3 | (5) A violation of subsection (a-25) is a Class 2 | ||||||
4 | felony if the victim is a person under 18 years of age or | ||||||
5 | if the violation is committed by an individual who is | ||||||
6 | required to register as a sex offender under the Sex | ||||||
7 | Offender Registration Act.
| ||||||
8 | (e) For purposes of this Section, "video record" means and | ||||||
9 | includes any videotape, photograph, film, or other electronic | ||||||
10 | or digital recording of a still or moving visual image; and | ||||||
11 | "live video" means and includes any real-time or | ||||||
12 | contemporaneous electronic or digital transmission of a still | ||||||
13 | or moving visual image.
| ||||||
14 | (Source: P.A. 92-86, eff. 7-12-01; 93-851, eff. 1-1-05.)
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
|