95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3766


 
Introduced 2/28/2007, by Rep. Mike Fortner
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Criminal Code of 1961.  Provides that for purposes of the unauthorized video recording and live video transmission statute, "residence" includes a rental dwelling, but does not include stairwells, corridors, laundry facilities, or additional areas in which the general public has access.  Effective immediately.
















LRB095 07542 RLC 27692 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB3766

LRB095 07542 RLC 27692 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-5) It is unlawful for any person to knowingly make a 
14
video record or transmit live video of another person in that 
15
other person's residence
without that person's consent.

16
    (a-10) It is unlawful for any person to knowingly make a 
17
video record or transmit live video of another person under or 
18
through the clothing worn by that
other person
for the purpose 
19
of viewing the body of or the undergarments worn by that other

20
person
without that person's consent.

21
    (a-15)  It is unlawful for any person to place or cause to 
22
be placed a device that makes a video record or transmits a 
23
live video in a restroom, tanning bed, tanning salon, locker 
 


 






HB3766
- 2 -
LRB095 07542 RLC 27692 b




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

14
    (b) Exemptions.  The following activities shall be exempt 
15
from the
provisions of this Section:


16
        (1) The making of a video record or transmission of  
17
    live video by law enforcement
officers pursuant to a 
18
    criminal investigation, which is otherwise lawful;


19
        (2) The making of a video record or transmission of  
20
    live video by correctional officials
for security reasons 
21
    or for investigation of alleged misconduct involving a

22
    person committed to the Department of Corrections.
23
        (3) The making of a video record or transmission of 
24
    live video in a locker room by a reporter or news medium, 
25
    as those terms are defined in Section 8-902 of the Code of 
26
    Civil Procedure, where the reporter or news medium has been 
 


 






HB3766
- 3 -
LRB095 07542 RLC 27692 b




1
    granted access to the locker room by an appropriate 
2
    authority for the purpose of conducting interviews.


3
    (c) The provisions of this Section do not apply to any 
4
sound recording
or transmission of an oral conversation made as 
5
the result of the making of a video record or transmission of 
6
live video,
and to which Article 14 of this Code applies.

7
    (d) Sentence.


8
        (1) A violation of subsection (a), (a-10), (a-15), or 
9
    (a-20) is a
Class A
misdemeanor.

10
        (2) A violation of subsection (a-5) is a Class 4 
11
    felony.


12
        (3) A violation of subsection (a-25) is a Class 3 
13
    felony.
14
        (4) A violation of subsection (a), (a-5), (a-10), 
15
    (a-15) or (a-20) is a Class 3 felony if the victim is a 
16
    person under 18 years of age or if the violation is 
17
    committed by an individual who is required to register as a 
18
    sex offender under the Sex Offender Registration Act.
19
        (5) A violation of subsection (a-25) is a Class 2 
20
    felony if the victim is a person under 18 years of age or 
21
    if the violation is committed by an individual who is 
22
    required to register as a sex offender under the Sex 
23
    Offender Registration Act.

24
    (e)  For purposes of this Section: ,

25
        (1) "Residence" includes a rental dwelling, but does 
26
    not include stairwells, corridors, laundry facilities, or 
 


 






HB3766
- 4 -
LRB095 07542 RLC 27692 b




1
    additional areas in which the general public has access.

2
        (2)  "Video
"video record"  means and includes any 
3
    videotape, photograph, film, or other electronic or 
4
    digital recording of a still or moving visual image; and 
5
    "live video" means and includes any real-time or 
6
    contemporaneous electronic or digital transmission of a 
7
    still or moving visual image.


8
(Source: P.A. 92-86, eff. 7-12-01; 93-851, eff. 1-1-05.)

 

9
    Section 99. Effective date. This Act takes effect upon 
10
becoming law.