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Rep. Mike Smiddy
Filed: 4/12/2013
| | 09800HB2971ham001 | | LRB098 08170 RLC 44454 a |
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| 1 | | AMENDMENT TO HOUSE BILL 2971
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| 2 | | AMENDMENT NO. ______. Amend House Bill 2971 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Criminal Code of 2012 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.
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| 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.
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| 13 | | (a-5) It is unlawful for any person to knowingly make a |
| 14 | | video record or transmit live video of another person in a |
| 15 | | residential dwelling that other person's residence
without |
| 16 | | that person's consent.
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| 1 | | (a-6) It is unlawful for any person to knowingly make a |
| 2 | | video record or transmit live video of another person in a |
| 3 | | residential dwelling that other person's residence without |
| 4 | | that person's consent when the recording or transmission is |
| 5 | | made outside a residential dwelling that person's residence by |
| 6 | | use of an audio or video device that records or transmits from |
| 7 | | a remote location. |
| 8 | | (a-10) It is unlawful for any person to knowingly make a |
| 9 | | video record or transmit live video of another person under or |
| 10 | | through the clothing worn by that
other person
for the purpose |
| 11 | | of viewing the body of or the undergarments worn by that other
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| 12 | | person
without that person's consent.
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| 13 | | (a-15) It is unlawful for any person to place or cause to |
| 14 | | be placed a device that makes a video record or transmits a |
| 15 | | live video in a restroom, tanning bed, tanning salon, locker |
| 16 | | room, changing room, or hotel bedroom with the intent to make a |
| 17 | | video record or transmit live video of another person without |
| 18 | | that person's consent. |
| 19 | | (a-20) It is unlawful for any person to place or cause to |
| 20 | | be placed a device that makes a video record or transmits a |
| 21 | | live video with the intent to make a video record or transmit |
| 22 | | live video of another person in a residential dwelling that |
| 23 | | other person's residence without that person's consent. |
| 24 | | (a-25) It is unlawful for any person to, by any means, |
| 25 | | knowingly disseminate, or permit to be disseminated, a video |
| 26 | | record or live video that he or she knows to have been made or |
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| 1 | | transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15), |
| 2 | | or (a-20).
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| 3 | | (b) Exemptions. The following activities shall be exempt |
| 4 | | from the
provisions of this Section:
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| 5 | | (1) The making of a video record or transmission of |
| 6 | | live video by law enforcement
officers pursuant to a |
| 7 | | criminal investigation, which is otherwise lawful;
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| 8 | | (2) The making of a video record or transmission of |
| 9 | | live video by correctional officials
for security reasons |
| 10 | | or for investigation of alleged misconduct involving a
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| 11 | | person committed to the Department of Corrections; and |
| 12 | | (3) The making of a video record or transmission of |
| 13 | | live video in a locker room by a reporter or news medium, |
| 14 | | as those terms are defined in Section 8-902 of the Code of |
| 15 | | Civil Procedure, where the reporter or news medium has been |
| 16 | | granted access to the locker room by an appropriate |
| 17 | | authority for the purpose of conducting interviews.
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| 18 | | (c) The provisions of this Section do not apply to any |
| 19 | | sound recording
or transmission of an oral conversation made as |
| 20 | | the result of the making of a video record or transmission of |
| 21 | | live video,
and to which Article 14 of this Code applies.
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| 22 | | (d) Sentence.
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| 23 | | (1) A violation of subsection (a-10), (a-15), or (a-20) |
| 24 | | is a
Class 4 felony A
misdemeanor.
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| 25 | | (2) A violation of subsection (a), (a-5), or (a-6) is a |
| 26 | | Class 3 4 felony.
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| 1 | | (3) A violation of subsection (a-25) is a Class 2 3 |
| 2 | | felony. |
| 3 | | (4) A violation of subsection (a), (a-5), (a-6), |
| 4 | | (a-10), (a-15) or (a-20) is a Class 2 3 felony if the |
| 5 | | victim is a person under 18 years of age or if the |
| 6 | | violation is committed by an individual who is required to |
| 7 | | register as a sex offender under the Sex Offender |
| 8 | | Registration Act. |
| 9 | | (5) A violation of subsection (a-25) is a Class 1 2 |
| 10 | | felony if the victim is a person under 18 years of age or |
| 11 | | if the violation is committed by an individual who is |
| 12 | | required to register as a sex offender under the Sex |
| 13 | | Offender Registration Act.
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| 14 | | (e) For purposes of this Section:
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| 15 | | (1) "Residential dwelling" "Residence" includes a |
| 16 | | rental dwelling, but does not include stairwells, |
| 17 | | corridors, laundry facilities, or additional areas in |
| 18 | | which the general public has access.
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| 19 | | (2) "Video record" means and includes any videotape, |
| 20 | | photograph, film, or other electronic or digital recording |
| 21 | | of a still or moving visual image; and "live video" means |
| 22 | | and includes any real-time or contemporaneous electronic |
| 23 | | or digital transmission of a still or moving visual image.
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| 24 | | (Source: P.A. 96-416, eff. 1-1-10; 97-813, eff. 7-13-12.)".
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