99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3679

 

Introduced , by Rep. Mike Smiddy

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/26-4  from Ch. 38, par. 26-4

     Amends the Criminal Code of 2012 concerning unauthorized video recording and live video transmission. Provides that a person also commits the offense when he or she knowingly makes a video record or transmits live video of another person in a residential dwelling (rather than that other person's residence) without that person's consent. Increases the penalties for violations by one class.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3679LRB099 04241 RLC 24263 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 changing
5Section 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
8transmission.
9    (a) It is unlawful for any person to knowingly make a video
10record or transmit live video of another person without that
11person's consent in a restroom, tanning bed, tanning salon,
12locker room, changing room, or hotel bedroom.
13    (a-5) It is unlawful for any person to knowingly make a
14video record or transmit live video of another person in a
15residential dwelling that other person's residence without
16that person's consent.
17    (a-6) It is unlawful for any person to knowingly make a
18video record or transmit live video of another person in a
19residential dwelling that other person's residence without
20that person's consent when the recording or transmission is
21made outside a residential dwelling that person's residence by
22use of an audio or video device that records or transmits from
23a remote location.

 

 

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1    (a-10) It is unlawful for any person to knowingly make a
2video record or transmit live video of another person under or
3through the clothing worn by that other person for the purpose
4of viewing the body of or the undergarments worn by that other
5person without that person's consent.
6    (a-15) It is unlawful for any person to place or cause to
7be placed a device that makes a video record or transmits a
8live video in a restroom, tanning bed, tanning salon, locker
9room, changing room, or hotel bedroom with the intent to make a
10video record or transmit live video of another person without
11that person's consent.
12    (a-20) It is unlawful for any person to place or cause to
13be placed a device that makes a video record or transmits a
14live video with the intent to make a video record or transmit
15live video of another person in a residential dwelling that
16other person's residence without that person's consent.
17    (a-25) It is unlawful for any person to, by any means,
18knowingly disseminate, or permit to be disseminated, a video
19record or live video that he or she knows to have been made or
20transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15),
21or (a-20).
22    (b) Exemptions. The following activities shall be exempt
23from the provisions of this Section:
24        (1) The making of a video record or transmission of
25    live video by law enforcement officers pursuant to a
26    criminal investigation, which is otherwise lawful;

 

 

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1        (2) The making of a video record or transmission of
2    live video by correctional officials for security reasons
3    or for investigation of alleged misconduct involving a
4    person committed to the Department of Corrections; and
5        (3) The making of a video record or transmission of
6    live video in a locker room by a reporter or news medium,
7    as those terms are defined in Section 8-902 of the Code of
8    Civil Procedure, where the reporter or news medium has been
9    granted access to the locker room by an appropriate
10    authority for the purpose of conducting interviews.
11    (c) The provisions of this Section do not apply to any
12sound recording or transmission of an oral conversation made as
13the result of the making of a video record or transmission of
14live video, and to which Article 14 of this Code applies.
15    (d) Sentence.
16        (1) A violation of subsection (a-10), (a-15), or (a-20)
17    is a Class 4 felony A misdemeanor.
18        (2) A violation of subsection (a), (a-5), or (a-6) is a
19    Class 3 4 felony.
20        (3) A violation of subsection (a-25) is a Class 2 3
21    felony.
22        (4) A violation of subsection (a), (a-5), (a-6),
23    (a-10), (a-15) or (a-20) is a Class 2 3 felony if the
24    victim is a person under 18 years of age or if the
25    violation is committed by an individual who is required to
26    register as a sex offender under the Sex Offender

 

 

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1    Registration Act.
2        (5) A violation of subsection (a-25) is a Class 1 2
3    felony if the victim is a person under 18 years of age or
4    if the violation is committed by an individual who is
5    required to register as a sex offender under the Sex
6    Offender Registration Act.
7    (e) For purposes of this Section:
8        (1) "Residential dwelling" "Residence" includes a
9    rental dwelling, but does not include stairwells,
10    corridors, laundry facilities, or additional areas in
11    which the general public has access.
12        (2) "Video record" means and includes any videotape,
13    photograph, film, or other electronic or digital recording
14    of a still or moving visual image; and "live video" means
15    and includes any real-time or contemporaneous electronic
16    or digital transmission of a still or moving visual image.
17(Source: P.A. 96-416, eff. 1-1-10; 97-813, eff. 7-13-12.)