093_HB2940

 
                                     LRB093 08882 RLC 09114 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
 5    changing Section 26-4 as follows:

 6        (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
 7        Sec. 26-4. Unauthorized videotaping.
 8        (a)  It  is  unlawful  for  any   person   to   knowingly
 9    videotape,  photograph,  or  film another person without that
10    person's consent in a restroom, tanning bed,  tanning  salon,
11    locker room, changing room, or hotel bedroom.
12        (a-5)  It  is  unlawful  for  any person to knowingly and
13    secretly videotape, photograph, or film another person in the
14    other person's residence without that person's consent.
15        (a-10)  It is unlawful for any person, using a  concealed
16    camcorder  or  photographic  camera of any type, to knowingly
17    and secretly videotape, photograph, or record  by  electronic
18    means,  another  person under or through the clothing worn by
19    that other person for the purpose of viewing the body  of  or
20    the  undergarments  worn  by  that  other person without that
21    person's consent.
22        (a-15)  It  is  unlawful  for  any  person  to  knowingly
23    videotape, photograph, or film another person in  that  other
24    person's residence, whether owned or rented, with a concealed
25    or hidden camera or other video recording device without that
26    other person's consent.
27        (b)  Exemptions.    The  following  activities  shall  be
28    exempt from the provisions of this Section:
29             (1)  Videotaping, photographing, and filming by  law
30        enforcement    officers    pursuant    to    a   criminal
31        investigation, which is otherwise lawful;
 
                            -2-      LRB093 08882 RLC 09114 b
 1             (2)  Videotaping,  photographing,  and  filming   by
 2        correctional   officials  for  security  reasons  or  for
 3        investigation of alleged misconduct  involving  a  person
 4        committed to the Department of Corrections.
 5        (c)  The  provisions  of this Section do not apply to any
 6    sound recording of an oral conversation made as the result of
 7    the videotaping or filming, and to which Article 14  of  this
 8    Code applies.
 9        (d)  Sentence.
10             (1)  A   violation  of  subsection  (a),  (a-5),  or
11        (a-10), or (a-15) is a Class A misdemeanor.
12             (2)  A  person  who,   by   any   means,   knowingly
13        disseminates  or  permits  the  dissemination  to another
14        person of a videotape, photograph, or film  in  violation
15        of  subsection (a), (a-5), or (a-10), or (a-15) is guilty
16        of a Class 4 felony.
17    (Source: P.A. 91-910, eff. 1-1-01; 92-86, eff. 7-12-01.)