SB2134 Engrossed LRB093 14113 RLC 40081 b

1     AN ACT in relation to 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 adding
5 Section 21-10 as follows:
 
6     (720 ILCS 5/21-10 new)
7     Sec. 21-10. Criminal use of a motion picture exhibition
8 facility.
9     (a) Any person, where a motion picture is being exhibited,
10 who knowingly operates an audiovisual recording function of a
11 device without the consent of the owner or lessee of that
12 exhibition facility and of the licensor of the motion picture
13 being exhibited is guilty of criminal use of a motion picture
14 exhibition facility.
15     (b) Sentence. Criminal use of a motion picture exhibition
16 facility is a Class 4 felony.
17     (c) The owner or lessee of a facility where a motion
18 picture is being exhibited, the authorized agent or employee of
19 that owner or lessee, or the licensor of the motion picture
20 being exhibited or his or her agent or employee, who alerts law
21 enforcement authorities of an alleged violation of this Section
22 is not liable in any civil action arising out of measures taken
23 by that owner, lessee, licensor, agent, or employee in the
24 course of subsequently detaining a person that the owner,
25 lessee, licensor, agent, or employee, in good faith believed to
26 have violated this Section while awaiting the arrival of law
27 enforcement authorities, unless the plaintiff in such an action
28 shows by clear and convincing evidence that such measures were
29 manifestly unreasonable or the period of detention was
30 unreasonably long.
31     (d) This Section does not prevent any lawfully authorized
32 investigative, law enforcement, protective, or intelligence

 

 

SB2134 Engrossed - 2 - LRB093 14113 RLC 40081 b

1 gathering employee or agent of the State or federal government
2 from operating any audiovisual recording device in any facility
3 where a motion picture is being exhibited as part of lawfully
4 authorized investigative, protective, law enforcement, or
5 intelligence gathering activities.
6     (e) This Section does not apply to a person who operates an
7 audiovisual recording function of a device in a retail
8 establishment solely to demonstrate the use of that device for
9 sales and display purposes.
10     (f) Nothing in this Section prevents the prosecution for
11 conduct that constitutes a violation of this Section under any
12 other provision of law providing for a greater penalty.
13     (g) In this Section, "audiovisual recording function"
14 means the capability of a device to record or transmit a motion
15 picture or any part of a motion picture by means of any
16 technology now known or later developed and "facility" does not
17 include a personal residence.
 
18     Section 99. Effective date. This Act takes effect upon
19 becoming law.