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.
  


LRB103 04829 RLC 49839 b

 
 
A BILL FOR
 

  
HB1136LRB103 04829 RLC 49839 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 1. References to Act. This Act may be referred to 
5as the Accident and Crisis Victims Privacy Protection Act.
 
6    Section 5. The Criminal Code of 2012 is amended by adding 
7Section 33-10 as follows:
 
8    (720 ILCS 5/33-10 new)
9    Sec. 33-10. Unlawful dissemination of  crime, crash,  or 
10accident scene information.
11    (a) A person commits unlawful dissemination of  crime, 
12crash,  or accident scene information when he or she is a  first 
13responder or representative of a governmental agency and 
14disseminates or publishes the photograph of any crime, crash,  
15or accident scene or the names of the victims of a crime, 
16crash,  or accident  until after the immediate family of all 
17victims have been notified of the crime, crash,  or accident. 
18This Section does not prohibit the dissemination of  
19information that does not include images or names of victims 
20in order to alert the public to avoid a crime, crash, or 
21accident scene. 
22    (b) As used in this Section:
 
 
HB1136- 2 -LRB103 04829 RLC 49839 b

1    "Accident" means an incident of noncriminal conduct that 
2happens unexpectedly and unintentionally, resulting in damage 
3to property or death or injury to a person or persons.
4    "Accident, motor vehicle crash, and crime scene 
5information" includes, but is not limited to, information 
6concerning: a motor vehicle crash, arson, fire, first degree 
7murder, second degree murder, involuntary manslaughter, and 
8the lawful or unlawful  discharge of a firearm causing death or 
9bodily harm.
10    "First responder" means a law enforcement officer, 
11firefighter, emergency medical services personnel as defined 
12in Section 3.5 of the Emergency Medical Services (EMS) Systems 
13Act, or public safety telecommunicator as defined in Section 2 
14of the Emergency Telephone Systems Act.
15    "Governmental agency" means a State agency, unit of local 
16government, or school district.
17    "Immediate family" means the spouse, parent, stepparent, 
18child at least 18 years of age, or guardian  of the victim.
19    "Photograph" includes, but is not limited to, a  sketch, 
20drawing, digital or nondigital image, or video transmission.
21    (c) Sentence. Unlawful dissemination of  crime, crash,  or 
22accident scene information is a Class A misdemeanor.