Full Text of HB3679 099th General Assembly
HB3679 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3679 Introduced , by Rep. Mike Smiddy SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/26-4 | from Ch. 38, par. 26-4 |
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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 |
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| | | HB3679 | | LRB099 04241 RLC 24263 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 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 | 8 | | transmission.
| 9 | | (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.
| 13 | | (a-5) It is unlawful for any person to knowingly make a | 14 | | video record or transmit live video of another person in a | 15 | | residential dwelling that other person's residence
without | 16 | | that person's consent.
| 17 | | (a-6) It is unlawful for any person to knowingly make a | 18 | | video record or transmit live video of another person in a | 19 | | residential dwelling that other person's residence without | 20 | | that person's consent when the recording or transmission is | 21 | | made outside a residential dwelling that person's residence by | 22 | | use of an audio or video device that records or transmits from | 23 | | a remote location. |
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| 1 | | (a-10) It is unlawful for any person to knowingly make a | 2 | | video record or transmit live video of another person under or | 3 | | through the clothing worn by that
other person
for the purpose | 4 | | of viewing the body of or the undergarments worn by that other
| 5 | | person
without that person's consent.
| 6 | | (a-15) It is unlawful for any person to place or cause to | 7 | | be placed a device that makes a video record or transmits a | 8 | | live video in a restroom, tanning bed, tanning salon, locker | 9 | | room, changing room, or hotel bedroom with the intent to make a | 10 | | video record or transmit live video of another person without | 11 | | that person's consent. | 12 | | (a-20) It is unlawful for any person to place or cause to | 13 | | be placed a device that makes a video record or transmits a | 14 | | live video with the intent to make a video record or transmit | 15 | | live video of another person in a residential dwelling that | 16 | | other person's residence without that person's consent. | 17 | | (a-25) It is unlawful for any person to, by any means, | 18 | | knowingly disseminate, or permit to be disseminated, a video | 19 | | record or live video that he or she knows to have been made or | 20 | | transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15), | 21 | | or (a-20).
| 22 | | (b) Exemptions. The following activities shall be exempt | 23 | | from 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 | 12 | | sound recording
or transmission of an oral conversation made as | 13 | | the result of the making of a video record or transmission of | 14 | | live 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.)
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