Illinois General Assembly

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 Bill Status of SB2694  98th General Assembly


Short Description:  POSTING INFORMATION-INTERNET

Senate Sponsors
Sen. Michael E. Hastings - Toi W. Hutchinson - Don Harmon - Jacqueline Y. Collins - Iris Y. Martinez, Melinda Bush, Napoleon Harris, III and William Delgado

House Sponsors
(Rep. Scott Drury - Marcus C. Evans, Jr. - Barbara Wheeler - Dennis M. Reboletti - Camille Y. Lilly, William Davis, John D'Amico, Silvana Tabares, Sam Yingling, Thaddeus Jones, Fred Crespo, Thomas Morrison, Monique D. Davis, Daniel V. Beiser, Kenneth Dunkin, David Harris, Elaine Nekritz, Michael J. Zalewski, Anna Moeller, Michelle Mussman, Laura Fine, Carol A. Sente, Jerry F. Costello, II, Mike Smiddy, Robyn Gabel, Patrick J. Verschoore, Brandon W. Phelps, Jack D. Franks, La Shawn K. Ford, Stephanie A. Kifowit, Deborah Conroy, Katherine Cloonen, Kathleen Willis, Natalie A. Manley, Sue Scherer, Martin J. Moylan, Mary E. Flowers, John D. Cavaletto, Norine Hammond, Kelly M. Cassidy, Lou Lang, Christian L. Mitchell, Jaime M. Andrade, Jr., Linda Chapa LaVia, Greg Harris and Sara Feigenholtz)

Last Action
DateChamber Action
  1/13/2015SenateSession Sine Die

Statutes Amended In Order of Appearance
720 ILCS 5/11-23
815 ILCS 505/2RRR new


Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that a person who knowingly places, posts, or reproduces on the Internet a photograph, video, or digital image of a person in a state of nudity, in a state of sexual excitement, or engaged in any act of sexual conduct or sexual penetration, without the knowledge and consent of that person, is guilty of a Class 4 felony. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for any person engaged in placing, posting, publishing, reproducing, or maintaining an Internet site to solicit or accept the payment of a fee or other consideration for removal of a person's private material or identifying information, which has been placed, posted, published, reproduced, or maintained on an Internet site without knowledge and consent of that person.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the bill. In the amendatory changes to the Criminal Code of 2012 creating the new offense, deletes references to "for pornographic purposes". Also provides that the image placed, posted, or reproduced must be of a person 18 years of age or older. Deletes definition of "sexual conduct" so that the general definition of "sexual conduct" in Article 11 of the Criminal Code of 2012 applies.

Senate Floor Amendment No. 2
Deletes reference to:
815 ILCS 505/2RRR

Replaces everything after the enacting clause. Provides that any person who knowingly, with intent to cause emotional distress, places, posts, or reproduces on an Internet site a photograph, video, or digital image of a person, who is 18 years of age or older, in a state of nudity, in a state of sexual excitement, or engaged in any act of sexual conduct or sexual penetration, without the knowledge and consent of that person, is guilty of posting private material. Provides that a violation is a Class 4 felony. Provides exceptions.

House Floor Amendment No. 1
Deletes reference to:
720 ILCS 5/11-23
Adds reference to:
720 ILCS 5/11-46 new
725 ILCS 5/124B-10
725 ILCS 5/124B-500

Replaces everything after the enacting clause. Amends the Criminal Code of 2012 and the Code of Criminal Procedure of 1963. Creates the offense of sexual exploitation via non-consensual dissemination of a sexual act or intimate parts. Provides that a person commits the offense when he or she: (1) intentionally disseminates an image of another person: (A) who is at least 18 years of age; (B) who is identifiable from the image itself or information displayed in connection with the image; and (C) who is engaged in a sexual act or whose intimate parts are exposed; and (2) the person disseminating the image: (A) obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private; and (B) knows or should have known that the person in the image has not consented to the dissemination. Provides exemptions. Provides that the penalty is a Class 3 felony. Provides for forfeiture of property derived from the proceeds of the offense.

Actions 
DateChamber Action
  1/28/2014SenateFiled with Secretary by Sen. Michael E. Hastings
  1/28/2014SenateFirst Reading
  1/28/2014SenateReferred to Assignments
  1/28/2014SenateAdded as Chief Co-Sponsor Sen. Toi W. Hutchinson
  2/7/2014SenateAdded as Chief Co-Sponsor Sen. Don Harmon
  2/11/2014SenateAssigned to Criminal Law
  2/18/2014SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Michael E. Hastings
  2/18/2014SenateSenate Committee Amendment No. 1 Referred to Assignments
  2/18/2014SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  2/19/2014SenateSenate Committee Amendment No. 1 Adopted
  2/19/2014SenateDo Pass as Amended Criminal Law; 009-000-000
  2/19/2014SenatePlaced on Calendar Order of 2nd Reading February 20, 2014
  2/19/2014SenateAdded as Co-Sponsor Sen. Melinda Bush
  2/20/2014SenateSecond Reading
  2/20/2014SenatePlaced on Calendar Order of 3rd Reading February 25, 2014
  2/25/2014SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Michael E. Hastings
  2/25/2014SenateSenate Floor Amendment No. 2 Referred to Assignments
  2/25/2014SenateSenate Floor Amendment No. 2 Assignments Refers to Criminal Law
  2/26/2014SenateSenate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 010-000-000
  2/26/2014SenatePursuant to Rule 5-1(b)(i), as Chief Sponsor, I hereby allow Senator Hutchinson to present this bill on the order of 3rd Reading.
  2/26/2014SenateRecalled to Second Reading
  2/26/2014SenateSenate Floor Amendment No. 2 Adopted; Hutchinson
  2/26/2014SenatePlaced on Calendar Order of 3rd Reading February 27, 2014
  2/27/2014SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
  2/27/2014SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  2/27/2014SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  2/27/2014SenateThird Reading - Passed; 052-000-000
  2/27/2014HouseArrived in House
  2/27/2014HouseChief House Sponsor Rep. Scott Drury
  2/27/2014HouseFirst Reading
  2/27/2014HouseReferred to Rules Committee
  4/23/2014HouseAssigned to Judiciary
  5/14/2014HouseDo Pass / Short Debate Judiciary; 015-000-000
  5/14/2014HousePlaced on Calendar 2nd Reading - Short Debate
  5/14/2014SenateAdded as Co-Sponsor Sen. William Delgado
  5/15/2014HouseSecond Reading - Short Debate
  5/15/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/23/2014HouseFinal Action Deadline Extended-9(b) May 30, 2014
  5/30/2014HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Scott Drury
  5/30/2014HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/30/2014HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-001-000
  5/30/2014HouseAdded Alternate Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/30/2014HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Wheeler
  5/30/2014HouseAdded Alternate Chief Co-Sponsor Rep. Dennis M. Reboletti
  5/30/2014HouseAdded Alternate Chief Co-Sponsor Rep. Camille Y. Lilly
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. William Davis
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. John D'Amico
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Silvana Tabares
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Sam Yingling
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Thaddeus Jones
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Fred Crespo
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Thomas Morrison
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Monique D. Davis
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Daniel V. Beiser
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Kenneth Dunkin
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. David Harris
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Elaine Nekritz
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Michael J. Zalewski
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Anna Moeller
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Michelle Mussman
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Laura Fine
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Carol A. Sente
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Jerry F. Costello, II
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Mike Smiddy
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Robyn Gabel
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Patrick J. Verschoore
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Brandon W. Phelps
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Jack D. Franks
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. La Shawn K. Ford
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Stephanie A. Kifowit
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Deborah Conroy
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Katherine Cloonen
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Kathleen Willis
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Natalie A. Manley
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Sue Scherer
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Martin J. Moylan
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. John D. Cavaletto
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Norine Hammond
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Lou Lang
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Christian L. Mitchell
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Jaime M. Andrade, Jr.
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Greg Harris
  5/30/2014HouseAdded Alternate Co-Sponsor Rep. Sara Feigenholtz
  5/30/2014HouseRecalled to Second Reading - Short Debate
  5/30/2014HouseHouse Floor Amendment No. 1 Adopted
  5/30/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/30/2014HouseThird Reading - Short Debate - Passed 112-000-000
  5/30/2014SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/30/2014SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 30, 2014
  5/30/2014SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Michael E. Hastings
  5/30/2014SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/30/2014SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to State Government and Veterans Affairs
  5/30/2014SenateHouse Floor Amendment No. 1 Motion to Concur Postponed State Government and Veterans Affairs
  5/30/2014SenateHouse Floor Amendment No. 1 Motion to Non-Concur Filed with Secretary Sen. Michael E. Hastings
  5/30/2014SenateSenate Non-Concurs 053-000-001
  6/3/2014HousePlaced on Calendar Order of Non-Concurrence House Amendment(s) 1
  6/30/2014HouseRule 19(b) / Re-referred to Rules Committee
  7/1/2014SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b)
  1/13/2015SenateSession Sine Die

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