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John J. Cullerton
Filed: 2/18/2004
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09300SB2134sam002 |
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LRB093 14113 RLC 47590 a |
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| AMENDMENT TO SENATE BILL 2134
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| AMENDMENT NO. ______. Amend Senate Bill 2134 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by adding |
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| Section 21-10 as follows:
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| (720 ILCS 5/21-10 new)
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| Sec. 21-10. Criminal use of a motion picture
exhibition |
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| facility. |
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| (a) Any person, where a motion picture is being exhibited, |
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| who knowingly operates an audiovisual recording function of a |
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| device without the consent of the owner
or lessee of that |
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| exhibition facility and of the licensor of the
motion picture |
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| being exhibited is guilty of criminal use of a motion picture |
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| exhibition facility.
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| (b) Sentence. Criminal use of a motion picture
exhibition |
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| facility is a Class 4 felony.
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| (c) The owner or lessee of a
facility where a motion |
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| picture is being exhibited, the authorized agent or employee of |
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| that owner
or lessee, or the licensor of the motion picture |
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| being
exhibited or his or her agent or employee, who alerts law
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| enforcement authorities of an alleged violation of this
Section |
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| is not liable in any civil action arising out of
measures taken |
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| by that owner, lessee, licensor, agent, or employee in
the |
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| course of subsequently detaining a person that the owner,
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09300SB2134sam002 |
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LRB093 14113 RLC 47590 a |
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| lessee, licensor, agent, or employee, in good faith believed to |
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| have
violated this Section while awaiting the arrival of law
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| enforcement authorities, unless the plaintiff in such an
action |
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| shows by clear and convincing evidence that such
measures were |
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| manifestly unreasonable or the period of
detention was |
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| unreasonably long.
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| (d) This Section does not prevent any lawfully
authorized |
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| investigative, law enforcement, protective, or
intelligence |
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| gathering employee or agent of the State or
federal government |
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| from operating any audiovisual recording device in any facility |
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| where a motion picture
is being exhibited as part of lawfully |
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| authorized
investigative, protective, law enforcement, or |
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| intelligence
gathering activities. |
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| (e) This Section does not apply to a person who operates an |
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| audiovisual recording function of a device in a retail |
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| establishment solely to demonstrate the use of that device for |
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| sales and display purposes. |
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| (f) Nothing in this Section prevents the prosecution for |
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| conduct that constitutes a violation of this Section under any |
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| other provision of law providing for a greater penalty. |
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| (g) In this Section, "audiovisual recording function" |
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| means the capability of a device to record or transmit a motion |
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| picture or any part of a motion picture by means of any |
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| technology now known or later developed and "facility" does not |
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| include a personal residence.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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