HB4262eng 104TH GENERAL ASSEMBLY

HB4262 Engrossed LRB104 16636 JRC 30039 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Protecting Children from Hidden Cameras Act.

Section 5. Definitions. As used in this Act:

"Child" means an unemancipated individual who is less than 18 years of age.

"Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.

"Hidden camera" means a miniature or disguised recording device that can record or film a person while that person has no awareness that the device is present or being used.

"Hotel" means any building or buildings in which the public may, for a consideration, obtain living quarters, sleeping accommodations, or housekeeping accommodations. The term includes inns, motels, tourist homes or courts, lodging houses, rooming houses, apartment houses, retreat centers, conference centers, hunting lodges, and short-term rentals.

"Hotel guest accommodations" means living quarters, sleeping accommodations, housekeeping accommodations, or private rooms or suites rented or occupied by a guest within a hotel, motel, or similar establishment that are intended for the private use of guests. The term includes restrooms located within or serving those accommodations. The term does not include stairwells, corridors, laundry facilities, employee areas, or other areas open to the general public in which there is no reasonable expectation of privacy.

"Live video" means any real time or contemporaneous electronic or digital transmission of a still or moving visual image.

"Residence" includes a rental dwelling, but does not include stairwells, corridors, laundry facilities, or additional areas in which the general public has access.

"Video record" means any videotape, photograph, film, or other electronic or digital recording of a still or moving visual image.

Section 10. Civil action.

(a) A cause of action is created for a child or the parent or guardian of the child on behalf of the child if a person or entity knowingly makes or transmits a video record of the child using a concealed or disguised recording device, or otherwise in a manner intended to avoid detection, without the consent of the child's parent or guardian in any of the following locations:

(1) A restroom, tanning bed, tanning salon, locker room, changing room, or hotel guest accommodations.

(2) A residence in which the child does not reside, in an area or place within that residence in which a person would reasonably expect privacy.

(b) This Section does not apply to any of the following:

(1) A parent or legal guardian of the child who is the subject of the recording unless the parent's or legal guardian's action is prohibited by a law other than this Act.

(2) A recording made by law enforcement in the lawful performance of official duties.

(3) A recording made in good faith in the reporting of unlawful conduct.

Section 15. Violation of Act is per se harmful. A child who proves by a preponderance of the evidence that a defendant violated this Act against the child is considered obviously and materially harmful to the child and is deemed to be per se harmful and traumatic. A child does not need to present additional evidence to prove the child was harmed, but the child may present additional evidence to show the extent of the harm. Nothing in this Section may be construed to state that a child discovered the cause of action at any particular time, or that a child realized that the child's damages were related to the violation of this Act at any particular time.

Section 20. Privacy of children.

(a) In an action under this Act:

(1) a plaintiff may proceed by using a pseudonym in place of the true name of the plaintiff under Section 2-401 of the Code of Civil Procedure; and

(2) the court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff.

(b) If a plaintiff uses a pseudonym as provided in this Section, the plaintiff must file with the court and serve on the defendant a confidential information form that includes the excluded or redacted plaintiff's name and other identifying characteristics.

(c) The court may make further orders as necessary to protect the identity and privacy of a plaintiff.

(d) If a plaintiff is granted privacy protections under this Section, a defendant may file a motion with the court to receive the same privacy protections. The court may deny or grant the motion at its discretion.

Section 25. Remedies.

(a) In an action under this Act, a prevailing plaintiff may recover:

(1) economic and noneconomic damages proximately caused by the defendant's violation of this Act, including, but not limited to, damages for emotional distress whether or not accompanied by other damages;

(2) punitive damages; and

(3) reasonable attorney's fees and costs to the prevailing plaintiff.

(b) This Act does not affect or limit a right or remedy available under any other law of this State.

Section 30. Statute of limitations.

(a) An action under this Act may not be brought later than 2 years from the date the cause of action was discovered or should have been discovered with the exercise of reasonable diligence.

(b) Except as otherwise provided in subsection (c), this Section is subject to the tolling statutes of this State.

(c) If a cause of action accrues for a violation of this Act against a child, the time specified in subsection (a) of this Section does not begin to run until the child becomes emancipated or attains the age of majority.

Section 35. Inspections for hidden cameras. If a State agency or unit of local government is required by law or ordinance to inspect a restroom, tanning bed, tanning salon, locker room, changing room, or hotel guest accommodations, the State agency or unit of local government must also inspect for hidden cameras.

If a hidden camera is discovered during an inspection conducted by a State agency or unit of local government, the State agency or unit of local government must immediately notify the appropriate law enforcement agency.

If a hidden camera is discovered outside of an inspection conducted by a State agency or unit of local government, the person or entity discovering the device must immediately notify the appropriate law enforcement agency and preserve any reasonably available evidence relating to the device until collected by law enforcement or otherwise directed by law enforcement.

Section 97. Applicability. This Act applies to causes of action accruing on or after the effective date of this Act.

Section 99. Effective date. This Act takes effect upon becoming law.