Full Text of HB3906 100th General Assembly
HB3906 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3906 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/26-4 | from Ch. 38, par. 26-4 |
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Amends the Criminal Code of 2012. Provides that it is unlawful for any person to, without the consent of another person, operate an unmanned aerial vehicle in a manner that: (1) is intended to cause the unmanned aerial vehicle to enter
the space above or surrounding the other person's occupied
residence for the purpose of making a video record or transmitting live video or audio recordings of the other person
while the other person is: (A) within his or her occupied residence; or (B) on the land or premises on which his or her
occupied residence is located; and (2) invades the other person's reasonable expectation of
privacy. Defines "unmanned aerial vehicle". Provides that a violation is a Class A misdemeanor. Provides that if the video record or live video is disseminated, the penalty is a Class 3 felony.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 2012 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 |
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| 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) , or (a-30) .
| 20 | | (a-30) It is unlawful for any person to knowingly, without | 21 | | the consent of another person, operate an unmanned aerial | 22 | | vehicle in a manner that: | 23 | | (1) is intended to cause the unmanned aerial vehicle to | 24 | | enter
the space above or surrounding the other person's | 25 | | occupied
residence for the purpose of making a video record | 26 | | or transmitting live video, or audio recordings of the |
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| 1 | | other person
while the other person is: | 2 | | (A) within his or her occupied residence; or | 3 | | (B) on the land or premises on which his or her
| 4 | | occupied residence is located; and | 5 | | (2) invades his or her reasonable expectation of
| 6 | | privacy. | 7 | | (b) Exemptions. The following activities shall be exempt | 8 | | from the
provisions of this Section:
| 9 | | (1) The making of a video record or transmission of | 10 | | live video by law enforcement
officers pursuant to a | 11 | | criminal investigation, which is otherwise lawful;
| 12 | | (2) The making of a video record or transmission of | 13 | | live video by correctional officials
for security reasons | 14 | | or for investigation of alleged misconduct involving a
| 15 | | person committed to the Department of Corrections; and | 16 | | (3) The making of a video record or transmission of | 17 | | live video in a locker room by a reporter or news medium, | 18 | | as those terms are defined in Section 8-902 of the Code of | 19 | | Civil Procedure, where the reporter or news medium has been | 20 | | granted access to the locker room by an appropriate | 21 | | authority for the purpose of conducting interviews.
| 22 | | (c) The provisions of this Section do not apply to any | 23 | | sound recording
or transmission of an oral conversation made as | 24 | | the result of the making of a video record or transmission of | 25 | | live video,
and to which Article 14 of this Code applies.
| 26 | | (d) Sentence.
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| 1 | | (1) A violation of subsection (a-10), (a-15), or | 2 | | (a-20) , or (a-30) is a
Class A
misdemeanor.
| 3 | | (2) A violation of subsection (a), (a-5), or (a-6) is a | 4 | | Class 4 felony.
| 5 | | (3) A violation of subsection (a-25) is a Class 3 | 6 | | felony. | 7 | | (4) A violation of subsection (a), (a-5), (a-6), | 8 | | (a-10), (a-15) or (a-20) is a Class 3 felony if the victim | 9 | | is a person under 18 years of age or if the violation is | 10 | | committed by an individual who is required to register as a | 11 | | sex offender under the Sex Offender Registration Act. | 12 | | (5) A violation of subsection (a-25) is a Class 2 | 13 | | felony if the victim is a person under 18 years of age or | 14 | | if the violation is committed by an individual who is | 15 | | required to register as a sex offender under the Sex | 16 | | Offender Registration Act.
| 17 | | (e) For purposes of this Section:
| 18 | | (1) "Residence" includes a rental dwelling, but does | 19 | | not include stairwells, corridors, laundry facilities, or | 20 | | additional areas in which the general public has access.
| 21 | | (1.5) "Unmanned
aerial vehicle" means an aircraft that | 22 | | does not carry a human
operator and that is capable of | 23 | | flight under remote control or
autonomous programming. | 24 | | "Unmanned
aerial vehicle" includes the following: | 25 | | (A) an unmanned aircraft and an unmanned aircraft | 26 | | system
(both as defined in the Federal Aviation |
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| 1 | | Administration
Modernization and Reform Act of 2012 | 2 | | (P.L.112-95, 126 Stat.
6 11)); and | 3 | | (B) a small unmanned aircraft and a small unmanned | 4 | | aircraft
system (both as defined in 14 CFR 107.3). | 5 | | (2) "Video record" means and includes any videotape, | 6 | | photograph, film, or other electronic or digital recording | 7 | | of a still or moving visual image; and "live video" means | 8 | | and includes any real-time or contemporaneous electronic | 9 | | or digital transmission of a still or moving visual image.
| 10 | | (Source: P.A. 96-416, eff. 1-1-10; 97-813, eff. 7-13-12.)
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