HB0306 Engrossed

LRB095 05376 RLC 25464 b






1
    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:

 
4
    Section 5. The Criminal Code of 1961 is amended  by changing 
5
Section 26-4 as follows:
 



6
    (720 ILCS 5/26-4)  (from Ch. 38, par. 26-4)


7
    Sec. 26-4. Unauthorized video recording and live video 
8
transmission. 

9
    (a) It is unlawful for any person to knowingly make a video 
10
record or transmit live video of

another person without that 
11
person's consent in a restroom, tanning bed,
tanning salon,

12
locker room, changing room, or hotel bedroom.

13
    (a-4)  It is unlawful for any person to knowingly make a 
14
video record or transmit live video of

another person without 
15
that person's consent in a tanning bed or tanning salon.

16
    (a-5) It is unlawful for any person to knowingly make a 
17
video record or transmit live video of another person in that 
18
other person's residence
without that person's consent.

19
    (a-10) It is unlawful for any person to knowingly make a 
20
video record or transmit live video of another person under or 
21
through the clothing worn by that
other person
for the purpose 
22
of viewing the body of or the undergarments worn by that other

23
person
without that person's consent.

 


 






HB0306 Engrossed
- 2 -
LRB095 05376 RLC 25464 b




1
    (a-15)  It is unlawful for any person to place or cause to 
2
be placed a device that makes a video record or transmits a 
3
live video in a restroom, tanning bed, tanning salon, locker 
4
room, changing room, or hotel bedroom with the intent to make a 
5
video record or transmit live video of another person without 
6
that person's consent.
7
    (a-20) It is unlawful for any person to place or cause to 
8
be placed a device that makes a video record or transmits a 
9
live video with the intent to make a video record or transmit 
10
live video of another person in that other person's residence 
11
without that person's consent.
12
    (a-25) It is unlawful for any person to, by any means, 
13
knowingly disseminate, or permit to be disseminated, a video 
14
record or live video that he or she knows to have been made or 
15
transmitted in violation of (a), (a-5), (a-10), (a-15), or 
16
(a-20).

17
    (b) Exemptions.  The following activities shall be exempt 
18
from the
provisions of this Section:


19
        (1) The making of a video record or transmission of  
20
    live video by law enforcement
officers pursuant to a 
21
    criminal investigation, which is otherwise lawful;


22
        (2) The making of a video record or transmission of  
23
    live video by correctional officials
for security reasons 
24
    or for investigation of alleged misconduct involving a

25
    person committed to the Department of Corrections.
26
        (3) The making of a video record or transmission of 
 


 






HB0306 Engrossed
- 3 -
LRB095 05376 RLC 25464 b




1
    live video in a locker room by a reporter or news medium, 
2
    as those terms are defined in Section 8-902 of the Code of 
3
    Civil Procedure, where the reporter or news medium has been 
4
    granted access to the locker room by an appropriate 
5
    authority for the purpose of conducting interviews.


6
    (c) The provisions of this Section do not apply to any 
7
sound recording
or transmission of an oral conversation made as 
8
the result of the making of a video record or transmission of 
9
live video,
and to which Article 14 of this Code applies.

10
    (d) Sentence.


11
        (1) A violation of subsection (a), (a-10), (a-15), or 
12
    (a-20) is a
Class A
misdemeanor.

13
        (2) A violation of subsection (a-4) or (a-5) is a Class 
14
    4 felony.


15
        (3) A violation of subsection (a-25) is a Class 3 
16
    felony.
17
        (4) A violation of subsection (a), (a-5), (a-10), 
18
    (a-15) or (a-20) is a Class 3 felony if the victim is a 
19
    person under 18 years of age or if the violation is 
20
    committed by an individual who is required to register as a 
21
    sex offender under the Sex Offender Registration Act.
22
        (5) A violation of subsection (a-25) is a Class 2 
23
    felony if the victim is a person under 18 years of age or 
24
    if the violation is committed by an individual who is 
25
    required to register as a sex offender under the Sex 
26
    Offender Registration Act.

 


 






HB0306 Engrossed
- 4 -
LRB095 05376 RLC 25464 b




1
    (e)  For purposes of this Section, "video record"  means and 
2
includes any videotape, photograph, film, or other electronic 
3
or digital recording of a still or moving visual image; and 
4
"live video" means and includes any real-time or 
5
contemporaneous electronic or digital transmission of a still 
6
or moving visual image.


7
(Source: P.A. 92-86, eff. 7-12-01; 93-851, eff. 1-1-05.)


 
8
    Section 99. Effective date. This Act takes effect upon 
9
becoming law.