Full Text of HB3766 95th General Assembly
HB3766enr 95TH GENERAL ASSEMBLY
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LRB095 07542 RLC 27692 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | | 5 |
| Section 26-4 as follows:
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| (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
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| Sec. 26-4. Unauthorized video recording and live video | | 8 |
| transmission.
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| (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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| (a-5) It is unlawful for any person to knowingly make a | | 14 |
| video record or transmit live video of another person in that | | 15 |
| other person's residence
without that person's consent.
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| (a-10) It is unlawful for any person to knowingly make a | | 17 |
| video record or transmit live video of another person under or | | 18 |
| through the clothing worn by that
other person
for the purpose | | 19 |
| of viewing the body of or the undergarments worn by that other
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| person
without that person's consent.
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| (a-15) It is unlawful for any person to place or cause to | | 22 |
| be placed a device that makes a video record or transmits a | | 23 |
| live video in a restroom, tanning bed, tanning salon, locker |
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LRB095 07542 RLC 27692 b |
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| room, changing room, or hotel bedroom with the intent to make a | | 2 |
| video record or transmit live video of another person without | | 3 |
| that person's consent. | | 4 |
| (a-20) It is unlawful for any person to place or cause to | | 5 |
| be placed a device that makes a video record or transmits a | | 6 |
| live video with the intent to make a video record or transmit | | 7 |
| live video of another person in that other person's residence | | 8 |
| without that person's consent. | | 9 |
| (a-25) It is unlawful for any person to, by any means, | | 10 |
| knowingly disseminate, or permit to be disseminated, a video | | 11 |
| record or live video that he or she knows to have been made or | | 12 |
| transmitted in violation of (a), (a-5), (a-10), (a-15), or | | 13 |
| (a-20).
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| (b) Exemptions. The following activities shall be exempt | | 15 |
| from the
provisions of this Section:
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| (1) The making of a video record or transmission of | | 17 |
| live video by law enforcement
officers pursuant to a | | 18 |
| criminal investigation, which is otherwise lawful;
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| (2) The making of a video record or transmission of | | 20 |
| live video by correctional officials
for security reasons | | 21 |
| or for investigation of alleged misconduct involving a
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| person committed to the Department of Corrections. | | 23 |
| (3) The making of a video record or transmission of | | 24 |
| live video in a locker room by a reporter or news medium, | | 25 |
| as those terms are defined in Section 8-902 of the Code of | | 26 |
| Civil Procedure, where the reporter or news medium has been |
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| granted access to the locker room by an appropriate | | 2 |
| authority for the purpose of conducting interviews.
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| (c) The provisions of this Section do not apply to any | | 4 |
| sound recording
or transmission of an oral conversation made as | | 5 |
| the result of the making of a video record or transmission of | | 6 |
| live video,
and to which Article 14 of this Code applies.
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| (d) Sentence.
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| (1) A violation of subsection (a), (a-10), (a-15), or | | 9 |
| (a-20) is a
Class A
misdemeanor.
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| (2) A violation of subsection (a-5) is a Class 4 | | 11 |
| felony.
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| (3) A violation of subsection (a-25) is a Class 3 | | 13 |
| felony. | | 14 |
| (4) A violation of subsection (a), (a-5), (a-10), | | 15 |
| (a-15) or (a-20) is a Class 3 felony if the victim is a | | 16 |
| person under 18 years of age or if the violation is | | 17 |
| committed by an individual who is required to register as a | | 18 |
| sex offender under the Sex Offender Registration Act. | | 19 |
| (5) A violation of subsection (a-25) is a Class 2 | | 20 |
| felony if the victim is a person under 18 years of age or | | 21 |
| if the violation is committed by an individual who is | | 22 |
| required to register as a sex offender under the Sex | | 23 |
| Offender Registration Act.
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| (e) For purposes of this Section: ,
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| (1) "Residence" includes a rental dwelling, but does | | 26 |
| not include stairwells, corridors, laundry facilities, or |
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| additional areas in which the general public has access.
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| (2) "Video
"video record" means and includes any | | 3 |
| videotape, photograph, film, or other electronic or | | 4 |
| digital recording of a still or moving visual image; and | | 5 |
| "live video" means and includes any real-time or | | 6 |
| contemporaneous electronic or digital transmission of a | | 7 |
| still or moving visual image.
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| (Source: P.A. 92-86, eff. 7-12-01; 93-851, eff. 1-1-05.)
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| Section 99. Effective date. This Act takes effect upon | | 10 |
| becoming law.
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