Full Text of HB3906 100th General Assembly
HB3906ham001 100TH GENERAL ASSEMBLY | Rep. Martin J. Moylan Filed: 3/21/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3906
| 2 | | AMENDMENT NO. ______. Amend House Bill 3906 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 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 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 |
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| 1 | | video record or transmit live video of another person in that | 2 | | other person's residence without that person's consent when the | 3 | | recording or transmission is made outside that person's | 4 | | residence by use of an audio or video device that records or | 5 | | transmits from a remote location. | 6 | | (a-10) It is unlawful for any person to knowingly make a | 7 | | video record or transmit live video of another person under or | 8 | | through the clothing worn by that
other person
for the purpose | 9 | | of viewing the body of or the undergarments worn by that other
| 10 | | person
without that person's consent.
| 11 | | (a-15) It is unlawful for any person to place or cause to | 12 | | be placed a device that makes a video record or transmits a | 13 | | live video in a restroom, tanning bed, tanning salon, locker | 14 | | room, changing room, or hotel bedroom with the intent to make a | 15 | | video record or transmit live video of another person without | 16 | | that person's consent. | 17 | | (a-20) It is unlawful for any person to place or cause to | 18 | | be placed a device that makes a video record or transmits a | 19 | | live video with the intent to make a video record or transmit | 20 | | live video of another person in that other person's residence | 21 | | without that person's consent. | 22 | | (a-25) It is unlawful for any person to, by any means, | 23 | | knowingly disseminate, or permit to be disseminated, a video | 24 | | record or live video that he or she knows to have been made or | 25 | | transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15), | 26 | | or (a-20).
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| 1 | | (a-30)(1) It is unlawful for any person to knowingly, | 2 | | without the consent of another person, operate an unmanned | 3 | | aerial 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 | 15 | | a 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 | 18 | | from 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 | 7 | | sound recording
or transmission of an oral conversation made as | 8 | | the result of the making of a video record or transmission of | 9 | | live 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.)".
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