HB2970 103RD GENERAL ASSEMBLY

LRB103 29534 RLC 55929 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2970

Introduced 2/16/2023, by Rep. Christopher "C.D" Davidsmeyer

SYNOPSIS AS INTRODUCED:

720 ILCS 5/26-8 new

Amends the Criminal Code of 2012. Creates the offense of unlawful publication of criminal activity. Provides that a person commits the offense when he or she knowingly makes a video record or live video of a crime while the crime is being committed and transmits or uploads the video record or live video of the crime to a social media site. Provides that a person who commits unlawful publication of criminal activity shall be sentenced to the same penalty as the penalty for the crime being transmitted or uploaded to a social media site. Provides exceptions. Defines terms.

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 5. The Criminal Code of 2012 is amended by adding Section 26-8 as follows:

(720 ILCS 5/26-8 new)

Sec. 26-8. Publication of photographs or video recordings of crimes being committed prohibited; exceptions.

(a) In this Section:

"Internet" has the meaning ascribed to it in Section 16-0.1.

"Live video" and "video record" have the meanings ascribed to them in Section 26-4.

"Social media site" means an Internet website where users are able to share and generate content, and find and connect with other users of common interests.

(b) A person commits unlawful publication of criminal activity when he or she knowingly makes a video record or live video of a crime while the crime is being committed and transmits or uploads the video record or live video of the crime to a social media site.

(c) This Section does not apply to law enforcement agencies or officers, businesses, or other persons who post the video record or live video for its evidentiary value in a civil or criminal proceeding arising from the posting of the video record or live video of the crime or for seeking identification of the person alleged to be committing the crime in the video record or live video.

(d) Sentence. A person who commits unlawful publication of criminal activity shall be sentenced to the same penalty as the penalty for the crime being transmitted or uploaded to a social media site.