SB0532 95TH GENERAL ASSEMBLY

LRB095 10832 RLC 31094 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0532

Introduced 2/8/2007, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

720 ILCS 5/16-8

from Ch. 38, par. 16-8

Amends the Criminal Code of 1961 relating to the offense of the unlawful use of unidentified sound or audio visual recordings. Defines "manufacture" for purposes of the offense. Provides that when the offense involves more than 100 unidentified sound recordings or more than 7 unidentified audio visual recordings during any 180 day period, the trier of fact may infer (but is not required to infer) the existence of any of the mental states set forth for the offense. Effective immediately.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 1961 is amended by changing Section 16-8 as follows:

(720 ILCS 5/16-8) (from Ch. 38, par. 16-8)

Sec. 16-8. Unlawful use of unidentified sound or audio visual recordings.

(a) A person commits unlawful use of unidentified sound or audio visual recordings when he intentionally, knowingly, recklessly or negligently for profit manufactures, sells, distributes, vends, circulates, performs, leases or otherwise deals in and with unidentified sound or audio visual recordings or causes the manufacture, sale, distribution, vending, circulation, performance, lease or other dealing in and with unidentified sound or audio visual recordings.

(a-5) For purposes of this Section, the term "manufacture" means the manufacture of unidentified sound or audio visual recordings, and does not apply to the manufacture of an identified sound or audio visual recording from which an unidentified sound or audio visual recording may be made.

(b) Unlawful use of unidentified sound or audio visual recordings is a Class 4 felony; however:

(1) If the offense involves more than 100 but not exceeding 1000 unidentified sound recordings or more than 7 but not exceeding 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $100,000; and

(2) If the offense involves more than 1,000 unidentified sound recordings or more than 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $250,000.

(c) Each and every individual manufacture, sale, distribution, vending, circulation, performance, lease or other dealing in and with an unidentified sound or audio visual recording constitutes a separate violation of this Section.

(c-5) When the offense involves more than 100 unidentified sound recordings or more than 7 unidentified audio visual recordings during any 180 day period, the trier of fact may infer (but is not required to infer) the existence of any of the mental states set forth in subsection (a) of this Section.

(d) If any provision or item of this Section or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this Section which can be given effect without the invalid provisions, items or applications and to this end the provisions of this Section are hereby declared severable.

(e) Any unidentified sound or audio visual recording used in violation of this Section, or in the attempt to commit such violation as defined in Section 8-4, or in a conspiracy to commit such violation as defined in Section 8-2, or in a solicitation to commit such offense as defined in Section 8-1, may be confiscated and destroyed upon conclusion of the case or cases to which they are relevant, except that the Court may enter an order preserving them as evidence for use in other cases or pending the final determination of an appeal.

(Source: P.A. 86-1210.)

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