100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0825

 

Introduced , by Rep. Peter Breen

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/26-4.1 new

    Amends the Criminal Code of 2012. Creates the offense of criminal distribution of a suicide depiction. Defines "person committing suicide" as a person under 18 years of age or a person with a severe or profound intellectual disability engaged in any act with the intent to commit suicide and which constitutes a substantial step toward commission of suicide and the act results in the person's suicide. Provides that a person commits the offense when he or she knowingly: (1) sells, delivers, or provides or offers or agrees to sell, deliver, or provide an audio or video depiction of a person committing suicide; (2) publishes, exhibits, or otherwise makes available an audio or video depiction of a person committing suicide; (3) creates, buys, procures, or possesses an audio or video depiction of a person committing suicide with intent to disseminate it in violation of this provision, or in violation of the penal laws, rules, or regulations of any other jurisdiction; or (4) advertises or otherwise promotes the sale of an audio or video depiction of a person committing suicide. Establishes affirmative defenses. Provides that a violation is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0825LRB100 07424 RLC 17488 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Section 26-4.1 as follows:
 
6    (720 ILCS 5/26-4.1 new)
7    Sec. 26-4.1. Criminal distribution of a suicide depiction.
8    (a) For the purposes of this Section, "person committing
9suicide" means a person under 18 years of age or a person with
10a severe or profound intellectual disability engaged in any act
11with the intent to commit suicide and which constitutes a
12substantial step toward commission of suicide and the act
13results in the person's suicide.
14    (b) A person commits criminal distribution of a suicide
15depiction when he or she knowingly:
16        (1) sells, delivers, or provides or offers or agrees to
17    sell, deliver, or provide an audio or video depiction of a
18    person committing suicide;
19        (2) publishes, exhibits, or otherwise makes available
20    an audio or video depiction of a person committing suicide;
21        (3) creates, buys, procures, or possesses an audio or
22    video depiction of a person committing suicide with the
23    intent to disseminate it in violation of this Section, or

 

 

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1    in violation of the penal laws, rules, or regulations of
2    any other jurisdiction; or
3        (4) advertises or otherwise promotes the sale of an
4    audio or video depiction of a person committing suicide.
5    (c) It is an affirmative defense to a charge of criminal
6distribution of a suicide depiction that the defendant
7reasonably believed, under all of the circumstances, that the
8person committing suicide was 18 years of age or older or that
9the person was not a person with a severe or profound
10intellectual disability but only if, prior to the act or acts
11giving rise to a violation of this Section, he or she took an
12affirmative action or made a bonafide inquiry designed to
13ascertain whether the person was 18 years of age or older or
14that the person was not a person with a severe or profound
15intellectual disability and his or her reliance upon the
16information obtained was clearly reasonable.
17    (d) It is not a violation of this Section:
18        (1) for a telecommunications carrier, commercial
19    mobile service provider, or provider of information
20    services, including, but not limited to, an Internet
21    service provider or hosting service provider, to transmit,
22    store, or cache the electronic communications or messages
23    of others or provide other related telecommunications,
24    commercial mobile services, or information services used
25    by others in violation of this Section; or
26        (2) for law enforcement or prosecuting officers,

 

 

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1    persons employed by law enforcement or prosecuting
2    agencies, court personnel, attorneys, bonafide treatment
3    or professional education or research programs conducted
4    by licensed physicians, psychologists, social workers,
5    university professors, or their assistants or agents, to
6    distribute an audio or video of a person committing suicide
7    if it is in the performance of the official duties of the
8    person or program.
9    (e) Sentence. Criminal distribution of a suicide depiction
10is a Class A misdemeanor for a first offense and a Class 4
11felony for a second or subsequent offense.