HB1136 103RD GENERAL ASSEMBLY

LRB103 04829 RLC 49839 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1136

Introduced 1/12/2023, by Rep. Dan Caulkins

SYNOPSIS AS INTRODUCED:

720 ILCS 5/33-10 new

Amends the Criminal Code of 2012. Creates the offense of unlawful dissemination of crime, crash, or accident scene information. Provides that a person commits the offense when he or she is a first responder or representative of a governmental agency and disseminates or publishes the photograph of any crime, crash, or accident scene or the names of the victims of a crime, crash, or accident until after the immediate family of all victims have been notified of the crime, crash, or accident. Exempt the dissemination of information that does not include images or names of victims in order to alert the public to avoid a crime, crash, or accident scene. Provides that a violation is a Class A misdemeanor. Defines terms. Provides that the Act may be referred to as the Accident and Crisis Victims Privacy Protection Act.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. References to Act. This Act may be referred to as the Accident and Crisis Victims Privacy Protection Act.

Section 5. The Criminal Code of 2012 is amended by adding Section 33-10 as follows:

(720 ILCS 5/33-10 new)

Sec. 33-10. Unlawful dissemination of crime, crash, or accident scene information.

(a) A person commits unlawful dissemination of crime, crash, or accident scene information when he or she is a first responder or representative of a governmental agency and disseminates or publishes the photograph of any crime, crash, or accident scene or the names of the victims of a crime, crash, or accident until after the immediate family of all victims have been notified of the crime, crash, or accident. This Section does not prohibit the dissemination of information that does not include images or names of victims in order to alert the public to avoid a crime, crash, or accident scene.

(b) As used in this Section:

"Accident" means an incident of noncriminal conduct that happens unexpectedly and unintentionally, resulting in damage to property or death or injury to a person or persons.

"Accident, motor vehicle crash, and crime scene information" includes, but is not limited to, information concerning: a motor vehicle crash, arson, fire, first degree murder, second degree murder, involuntary manslaughter, and the lawful or unlawful discharge of a firearm causing death or bodily harm.

"First responder" means a law enforcement officer, firefighter, emergency medical services personnel as defined in Section 3.5 of the Emergency Medical Services (EMS) Systems Act, or public safety telecommunicator as defined in Section 2 of the Emergency Telephone Systems Act.

"Governmental agency" means a State agency, unit of local government, or school district.

"Immediate family" means the spouse, parent, stepparent, child at least 18 years of age, or guardian of the victim.

"Photograph" includes, but is not limited to, a sketch, drawing, digital or nondigital image, or video transmission.

(c) Sentence. Unlawful dissemination of crime, crash, or accident scene information is a Class A misdemeanor.