Rep. Mike Smiddy

Filed: 4/12/2013

 

 


 

 


 
09800HB2971ham001LRB098 08170 RLC 44454 a

1
AMENDMENT TO HOUSE BILL 2971

2    AMENDMENT NO. ______. Amend House Bill 2971 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 a
15residential dwelling that other person's residence without
16that person's consent.

 

 

09800HB2971ham001- 2 -LRB098 08170 RLC 44454 a

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

 

 

09800HB2971ham001- 3 -LRB098 08170 RLC 44454 a

1transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15),
2or (a-20).
3    (b) Exemptions. The following activities shall be exempt
4from the provisions of this Section:
5        (1) The making of a video record or transmission of
6    live video by law enforcement officers pursuant to a
7    criminal investigation, which is otherwise lawful;
8        (2) The making of a video record or transmission of
9    live video by correctional officials for security reasons
10    or for investigation of alleged misconduct involving a
11    person committed to the Department of Corrections; and
12        (3) The making of a video record or transmission of
13    live video in a locker room by a reporter or news medium,
14    as those terms are defined in Section 8-902 of the Code of
15    Civil Procedure, where the reporter or news medium has been
16    granted access to the locker room by an appropriate
17    authority for the purpose of conducting interviews.
18    (c) The provisions of this Section do not apply to any
19sound recording or transmission of an oral conversation made as
20the result of the making of a video record or transmission of
21live video, and to which Article 14 of this Code applies.
22    (d) Sentence.
23        (1) A violation of subsection (a-10), (a-15), or (a-20)
24    is a Class 4 felony A misdemeanor.
25        (2) A violation of subsection (a), (a-5), or (a-6) is a
26    Class 3 4 felony.

 

 

09800HB2971ham001- 4 -LRB098 08170 RLC 44454 a

1        (3) A violation of subsection (a-25) is a Class 2 3
2    felony.
3        (4) A violation of subsection (a), (a-5), (a-6),
4    (a-10), (a-15) or (a-20) is a Class 2 3 felony if the
5    victim is a person under 18 years of age or if the
6    violation is committed by an individual who is required to
7    register as a sex offender under the Sex Offender
8    Registration Act.
9        (5) A violation of subsection (a-25) is a Class 1 2
10    felony if the victim is a person under 18 years of age or
11    if the violation is committed by an individual who is
12    required to register as a sex offender under the Sex
13    Offender Registration Act.
14    (e) For purposes of this Section:
15        (1) "Residential dwelling" "Residence" includes a
16    rental dwelling, but does not include stairwells,
17    corridors, laundry facilities, or additional areas in
18    which the general public has access.
19        (2) "Video record" means and includes any videotape,
20    photograph, film, or other electronic or digital recording
21    of a still or moving visual image; and "live video" means
22    and includes any real-time or contemporaneous electronic
23    or digital transmission of a still or moving visual image.
24(Source: P.A. 96-416, eff. 1-1-10; 97-813, eff. 7-13-12.)".