Don Harmon
Filed: 2/18/2004
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 3130




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    AMENDMENT NO. ______. Amend Senate Bill 3130 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 
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changing Section 26-4 as follows:
 



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    (720 ILCS 5/26-4)  (from Ch. 38, par. 26-4)



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    Sec. 26-4. Unauthorized electronic recording or 
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surveillance
videotaping. 

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    (a) It is unlawful for any person to knowingly 
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electronically record, electronically surveil, videotape, 
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photograph, or
film
another person without that person's 
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consent in a restroom, tanning bed,
tanning salon, locker room, 
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changing room, dormitory room or suite,
or hotel guestroom, or 
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other private place
bedroom.

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    (a-5) It is unlawful for any person to knowingly and 
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secretly electronically record, electronically surveil,

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videotape,
photograph, or film another person in the other 
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person's residence
without that person's consent.

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    (a-10) It is unlawful for any person, using a concealed 
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camcorder,
or
photographic
camera, or electronic video 
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surveillance device of any type, to knowingly and secretly 
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videotape, photograph, film, or record
by
electronic means, 
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another person under or through the clothing worn by that
other 
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person
for the purpose of viewing the body of or the 
 


 






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undergarments worn by that other
person
without that person's 
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consent.
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    (a-15) It is unlawful for any person to place or cause to 
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be placed an electronic video surveillance device in a 
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restroom, tanning bed, tanning salon, locker room, changing 
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room, dormitory room or suite, hotel guestroom, or any other 
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private place with the intent to electronically record, 
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electronically surveil, videotape, photograph, or film another 
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person without that person's consent.
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    (a-20) It is unlawful for any person to place or cause to 
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be placed an electronic video surveillance device in another 
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person's residence without that person's consent with the 
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intent to secretly electronically record, electronically 
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surveil, videotape, photograph, or film another person without 
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that person's consent.
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    (a-25)  It is unlawful for any person to, by any means, 
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knowingly disseminate, or permit to be disseminated, an 
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electronic recording, video image, videotape, photograph, or 
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film that he or she knows to have been produced in violation of 
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(a), (a-5), (a-10), (a-15), or (a-20).


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    (b) Exemptions.  The following activities shall be exempt 
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from the
provisions of this Section:


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        (1) Electronically recording, electronically 
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    surveilling, videotaping
Videotaping, photographing, and 
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    filming by law enforcement
officers pursuant to a criminal 
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    investigation, which is otherwise lawful;


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        (2) Electronically recording, electronically 
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    surveilling, videotaping
Videotaping, photographing, and 
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    filming by correctional officials
for security reasons or 
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    for investigation of alleged misconduct involving a
person 
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    committed to the Department of Corrections.

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    (c) The provisions of this Section do not apply to any 
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sound recording
of an oral conversation made as the result of 
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the videotaping or filming,
and to which Article 14 of this 
 


 






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Code applies.
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    (c-5)  Definitions. In this Section:
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        (1) "Private place" means a place where one has a 
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    reasonable expectation of privacy.  "Private place" 
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    includes a place where a person may reasonably expect to be 
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    safe from casual or hostile intrusion or surveillance.   The 
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    expectation of privacy explicitly extends to one's own 
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    dwelling or home.
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        (2)  "Electronic video surveillance device" means any 
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    device or apparatus that can be used to record, capture, or 
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    display still or moving visual images.
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        (3) "Surveil" means to secretly visually observe the 
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    activities of another person for the purpose of spying upon 
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    and invading upon the privacy of the person observed.


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    (d) Sentence.


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        (1) A violation of subsection (a), (a-5), or (a-10), 
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    (a-15), or (a-20) is a
Class 4 felony
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misdemeanor.
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        (2) A violation of subsection (a), (a-5), (a-10), 
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    (a-15), or (a-20) is a Class 3 felony if the victim is a 
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    person under 18 years of age.
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        (3) A violation of subsection (a), (a-5), (a-10), 
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    (a-15), or (a-20) is a Class 3 felony if the violation is 
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    committed by an individual who is required to register as a 
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    sex offender under the Sex Offender Registration Act.
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        (4)  A violation of subsection (a), (a-5), (a-10), 
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    (a-15), or (a-20) is a Class 2 felony if the victim is 
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    under 18 years of age and the violation is committed by an 
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    individual who is required to register as a sex offender 
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    under the Sex Offender Registration Act.



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        (5) A violation of subsection (a-25) is a Class 3 
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    felony.
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        (6) A violation of subsection (a-25) is a Class 2 
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    felony if the victim is a person under 18 years of age.
(2) 
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    A person who, by any means, knowingly disseminates or 
 


 






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    permits the
dissemination to another person of
a
videotape, 
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    photograph, or film in
violation of subsection (a), (a-5), 
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    or (a-10)is guilty of a
Class
4 felony.

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(Source: P.A. 91-910, eff. 1-1-01; 92-86, eff. 7-12-01.)".