HB3766 Engrossed

LRB095 07542 RLC 27692 b






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    AN ACT concerning criminal law.

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


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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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 video recording and live video 
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transmission. 

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

another person without that 
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person's consent in a restroom, tanning bed,
tanning salon, 
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locker room, changing room, or hotel bedroom.

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

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

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person
without that person's consent.

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


 






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room, changing room, or hotel bedroom with the intent to make a 
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video record or transmit live video of another person without 
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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 a device that makes a video record or transmits a 
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live video with the intent to make a video record or transmit 
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live video of another person in that other person's residence 
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without 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, a video 
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record or live video that he or she knows to have been made or 
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transmitted in violation of (a), (a-5), (a-10), (a-15), or 
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(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) The making of a video record or transmission of  
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    live video by law enforcement
officers pursuant to a 
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    criminal investigation, which is otherwise lawful;


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

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


 






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


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

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    (d) Sentence.


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

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


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        (3) A violation of subsection (a-25) is a Class 3 
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    felony.
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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 3 felony if the victim is a 
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    person under 18 years of age or 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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        (5) 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 or 
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    if the violation is committed by an individual who is 
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    required to register as a sex offender under the Sex 
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    Offender Registration Act.

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    (e)  For purposes of this Section: ,

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


 






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    additional areas in which the general public has access.

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


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

 

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