Rep. Martin J. Moylan

Filed: 3/21/2017

 

 


 

 


 
10000HB3906ham001LRB100 11021 RLC 23390 a

1
AMENDMENT TO HOUSE BILL 3906

2    AMENDMENT NO. ______. Amend House Bill 3906 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing 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
8transmission.
9    (a) It is unlawful for any person to knowingly make a video
10record or transmit live video of another person without that
11person's consent in a restroom, tanning bed, tanning salon,
12locker room, changing room, or hotel bedroom.
13    (a-5) It is unlawful for any person to knowingly make a
14video record or transmit live video of another person in that
15other person's residence without that person's consent.
16    (a-6) It is unlawful for any person to knowingly make a

 

 

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1video record or transmit live video of another person in that
2other person's residence without that person's consent when the
3recording or transmission is made outside that person's
4residence by use of an audio or video device that records or
5transmits from a remote location.
6    (a-10) It is unlawful for any person to knowingly make a
7video record or transmit live video of another person under or
8through the clothing worn by that other person for the purpose
9of viewing the body of or the undergarments worn by that other
10person without that person's consent.
11    (a-15) It is unlawful for any person to place or cause to
12be placed a device that makes a video record or transmits a
13live video in a restroom, tanning bed, tanning salon, locker
14room, changing room, or hotel bedroom with the intent to make a
15video record or transmit live video of another person without
16that person's consent.
17    (a-20) It is unlawful for any person to place or cause to
18be placed a device that makes a video record or transmits a
19live video with the intent to make a video record or transmit
20live video of another person in that other person's residence
21without that person's consent.
22    (a-25) It is unlawful for any person to, by any means,
23knowingly disseminate, or permit to be disseminated, a video
24record or live video that he or she knows to have been made or
25transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15),
26or (a-20).

 

 

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1    (a-30)(1) It is unlawful for any person to knowingly,
2without the consent of another person, operate an unmanned
3aerial vehicle in a manner that:
4        (A) is intended to cause the unmanned aerial vehicle to
5    enter the space above or surrounding the other person's
6    occupied residence for the purpose of making a video record
7    or transmitting live video, or audio recordings of the
8    other person while the other person is:
9            (i) within his or her occupied residence; or
10            (ii) on the land or premises on which his or her
11        occupied residence is located; and
12        (B) invades his or her reasonable expectation of
13    privacy.
14    (2) It is unlawful for the person to knowingly disseminate
15a video record or live video made in violation of subparagraphs
16(A) and (B) of paragraph (1) of this subsection (a-30).
17    (b) Exemptions. The following activities shall be exempt
18from 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; and
26        (3) The making of a video record or transmission of

 

 

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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
7sound recording or transmission of an oral conversation made as
8the result of the making of a video record or transmission of
9live video, and to which Article 14 of this Code applies.
10    (d) Sentence.
11        (1) A violation of subsection (a-10), (a-15), or
12    (a-20), or (a-30) is a Class A misdemeanor.
13        (2) A violation of subsection (a), (a-5), or (a-6) is a
14    Class 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-6),
18    (a-10), (a-15) or (a-20) is a Class 3 felony if the victim
19    is a 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.

 

 

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1    (e) For purposes of this Section:
2        (1) "Residence" includes a rental dwelling, but does
3    not include stairwells, corridors, laundry facilities, or
4    additional areas in which the general public has access.
5        (1.5) "Unmanned aerial vehicle" means an aircraft that
6    does not carry a human operator and that is capable of
7    flight under remote control or autonomous programming.
8    "Unmanned aerial vehicle" includes the following:
9            (A) an unmanned aircraft and an unmanned aircraft
10        system (both as defined in the Federal Aviation
11        Administration Modernization and Reform Act of 2012
12        (P.L.112-95, 126 Stat. 6 11)); and
13            (B) a small unmanned aircraft and a small unmanned
14        aircraft system (both as defined in 14 CFR 107.3).
15        (2) "Video record" means and includes any videotape,
16    photograph, film, or other electronic or digital recording
17    of a still or moving visual image; and "live video" means
18    and includes any real-time or contemporaneous electronic
19    or digital transmission of a still or moving visual image.
20(Source: P.A. 96-416, eff. 1-1-10; 97-813, eff. 7-13-12.)".