96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3317


 
Introduced 2/10/2010, by Sen. Michael Noland
 
SYNOPSIS AS INTRODUCED:
 		





 








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








     Amends the Criminal Code of 1961.  Provides that a  person convicted of knowingly making a video record or transmitting live video of

another person without that person's consent in a restroom, tanning bed,
tanning salon, locker room, changing room, or hotel bedroom shall be mandatorily sentenced to a minimum of 6

consecutive months of
imprisonment.  Provides that the imprisonment shall not be subject to suspension, nor shall
the person be eligible for probation in order to reduce the sentence.
  















LRB096 20263 RLC 35856 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






SB3317

LRB096 20263 RLC 35856 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-6)  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 when the 
19
recording or transmission is made outside that person's 
20
residence by use of an audio or video device that records or 
21
transmits from a remote location. 
22
    (a-10) It is unlawful for any person to knowingly make a 
23
video record or transmit live video of another person under or 
 


 






SB3317
- 2 -
LRB096 20263 RLC 35856 b




1
through the clothing worn by that
other person
for the purpose 
2
of viewing the body of or the undergarments worn by that other

3
person
without that person's consent.

4
    (a-15)  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 in a restroom, tanning bed, tanning salon, locker 
7
room, changing room, or hotel bedroom with the intent to make a 
8
video record or transmit live video of another person without 
9
that person's consent.
10
    (a-20) It is unlawful for any person to place or cause to 
11
be placed a device that makes a video record or transmits a 
12
live video with the intent to make a video record or transmit 
13
live video of another person in that other person's residence 
14
without that person's consent.
15
    (a-25) It is unlawful for any person to, by any means, 
16
knowingly disseminate, or permit to be disseminated, a video 
17
record or live video that he or she knows to have been made or 
18
transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15), 
19
or (a-20).

20
    (b) Exemptions.  The following activities shall be exempt 
21
from the
provisions of this Section:


22
        (1) The making of a video record or transmission of  
23
    live video by law enforcement
officers pursuant to a 
24
    criminal investigation, which is otherwise lawful;


25
        (2) The making of a video record or transmission of  
26
    live video by correctional officials
for security reasons 
 


 






SB3317
- 3 -
LRB096 20263 RLC 35856 b




1
    or for investigation of alleged misconduct involving a

2
    person committed to the Department of Corrections.
3
        (3) The making of a video record or transmission of 
4
    live video in a locker room by a reporter or news medium, 
5
    as those terms are defined in Section 8-902 of the Code of 
6
    Civil Procedure, where the reporter or news medium has been 
7
    granted access to the locker room by an appropriate 
8
    authority for the purpose of conducting interviews.


9
    (c) The provisions of this Section do not apply to any 
10
sound recording
or transmission of an oral conversation made as 
11
the result of the making of a video record or transmission of 
12
live video,
and to which Article 14 of this Code applies.

13
    (d) Sentence.


14
        (1) A violation of subsection (a-10), (a-15), or (a-20) 
15
    is a
Class A
misdemeanor.

16
        (2) A violation of subsection (a), (a-5), or (a-6) is a 
17
    Class 4 felony.
A person convicted of a violation of 
18
    subsection (a) shall be mandatorily sentenced to a minimum 
19
    of 6

consecutive months of
imprisonment.  The imprisonment 
20
    shall not be subject to suspension, nor shall
the person be 
21
    eligible for probation in order to reduce the sentence. 

22
        (3) A violation of subsection (a-25) is a Class 3 
23
    felony.
24
        (4) A violation of subsection (a), (a-5), (a-6), 
25
    (a-10), (a-15) or (a-20) is a Class 3 felony if the victim 
26
    is a person under 18 years of age or if the violation is 
 


 






SB3317
- 4 -
LRB096 20263 RLC 35856 b




1
    committed by an individual who is required to register as a 
2
    sex offender under the Sex Offender Registration Act.
3
        (5) A violation of subsection (a-25) is a Class 2 
4
    felony if the victim is a person under 18 years of age or 
5
    if the violation is committed by an individual who is 
6
    required to register as a sex offender under the Sex 
7
    Offender Registration Act.

8
    (e)  For purposes of this Section:

9
        (1) "Residence" includes a rental dwelling, but does 
10
    not include stairwells, corridors, laundry facilities, or 
11
    additional areas in which the general public has access.

12
        (2)  "Video record"  means and includes any videotape, 
13
    photograph, film, or other electronic or digital recording 
14
    of a still or moving visual image; and "live video" means 
15
    and includes any real-time or contemporaneous electronic 
16
    or digital transmission of a still or moving visual image.


17
(Source: P.A. 95-178, eff. 8-14-07; 95-265, eff. 1-1-08; 
18
95-876, eff. 8-21-08; 96-416, eff. 1-1-10.)