Full Text of SB1507 101st General Assembly
SB1507ham001 101ST GENERAL ASSEMBLY | Rep. Mary Edly-Allen Filed: 5/22/2019
| | 10100SB1507ham001 | | LRB101 09526 LNS 60952 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1507
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1507 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Civil | 5 | | Remedies for Nonconsensual Dissemination of Private Sexual | 6 | | Images Act. | 7 | | Section 5. Definitions. As used in this Act: | 8 | | (1) "Child" means an unemancipated individual who is less | 9 | | than 18 years of age. | 10 | | (2) "Consent" means affirmative, conscious, and voluntary | 11 | | authorization by an individual with legal capacity to give | 12 | | authorization. | 13 | | (3) "Depicted individual" means an individual whose body is | 14 | | shown, in whole or in part, in a private sexual image. | 15 | | (4) "Dissemination" or "disseminate" means publication or | 16 | | distribution to another person with intent to disclose. |
| | | 10100SB1507ham001 | - 2 - | LRB101 09526 LNS 60952 a |
|
| 1 | | (5) "Harm" means physical harm, economic harm, or emotional | 2 | | distress whether or not accompanied by physical or economic | 3 | | harm. | 4 | | (6) "Identifiable" means recognizable by a person other | 5 | | than the depicted individual: | 6 | | (A) from a private sexual image itself; or | 7 | | (B) from a private sexual image and identifying | 8 | | characteristic displayed in connection with the image. | 9 | | (7) "Identifying characteristic" means information that | 10 | | may be used to identify a depicted individual. | 11 | | (8) "Individual" means a human being. | 12 | | (9) "Parent" means an individual recognized as a parent | 13 | | under laws of this State. | 14 | | (10) "Private" means: | 15 | | (A) created or obtained under circumstances in which a | 16 | | depicted individual had a reasonable expectation of | 17 | | privacy; or | 18 | | (B) made accessible through theft, bribery, extortion, | 19 | | fraud, voyeurism, or exceeding authorized access to an | 20 | | account, message, file, device, resource, or property. | 21 | | (11) "Person" means an individual, business or nonprofit | 22 | | entity, public corporation, government or governmental | 23 | | subdivision, agency, or other legal entity. | 24 | | (12) "Sexual conduct" includes: | 25 | | (A) masturbation; | 26 | | (B) genital sex, anal sex, oral sex, or sexual |
| | | 10100SB1507ham001 | - 3 - | LRB101 09526 LNS 60952 a |
|
| 1 | | activity; or | 2 | | (C) sexual penetration of or with an object. | 3 | | (13) "Sexual activity" means any: | 4 | | (A) knowing touching or fondling by the depicted | 5 | | individual or another person, either directly or through | 6 | | clothing, of the sex organs, anus, or breast of the | 7 | | depicted individual or another person for the purpose of | 8 | | sexual gratification or arousal; | 9 | | (B) transfer or transmission of semen upon any part of | 10 | | the clothed or unclothed body of the depicted individual, | 11 | | for the purpose of sexual gratification or arousal of the | 12 | | depicted individual or another person; | 13 | | (C) act of urination within a sexual context; | 14 | | (D) bondage, fetish, sadism, or masochism; | 15 | | (E) sadomasochistic abuse in any sexual context; or | 16 | | (F) animal-related sexual activity. | 17 | | (14) "Sexual image" means a photograph, film, videotape, | 18 | | digital recording, or other similar medium that shows: | 19 | | (A) the fully unclothed, partially unclothed, or | 20 | | transparently clothed genitals, pubic area, anus, or | 21 | | female post-pubescent nipple, partially or fully exposed, | 22 | | of a depicted individual; or | 23 | | (B) a depicted individual engaging in or being | 24 | | subjected to sexual conduct or activity. | 25 | | Section 10. Civil action. |
| | | 10100SB1507ham001 | - 4 - | LRB101 09526 LNS 60952 a |
|
| 1 | | (a) Except as otherwise provided in Section 15, if a | 2 | | depicted individual is identifiable to a reasonable person and | 3 | | suffers harm from the intentional dissemination or threatened | 4 | | dissemination by a person over the age of 18 of a private | 5 | | sexual image without the depicted individual's consent, the | 6 | | depicted individual has a cause of action against the person if | 7 | | the person knew: | 8 | | (1) the depicted individual did not consent to the | 9 | | dissemination;
| 10 | | (2) the image was a private sexual image; and
| 11 | | (3) the depicted individual was identifiable.
| 12 | | (b) The following conduct by a depicted individual does not | 13 | | establish by itself that the individual consented to the | 14 | | nonconsensual dissemination of a private sexual image that is | 15 | | the subject of an action under this Act or that the individual | 16 | | lacked a reasonable expectation of privacy:
| 17 | | (1) consent to creation of the image; or
| 18 | | (2) previous consensual disclosure of the image.
| 19 | | (c) Nothing in this Act shall be construed to impose | 20 | | liability on an interactive computer service, as defined in 47 | 21 | | U.S.C. 230(f)(2), for content provided by another person. | 22 | | Section 15. Exceptions to liability. | 23 | | (a) A person is not liable under this Act if the person | 24 | | proves that the dissemination of or a threat to disseminate a | 25 | | private sexual image was: |
| | | 10100SB1507ham001 | - 5 - | LRB101 09526 LNS 60952 a |
|
| 1 | | (1) made in good faith: | 2 | | (A) by law enforcement; | 3 | | (B) in a legal proceeding; or | 4 | | (C) for medical education or treatment; | 5 | | (2) made in good faith in the reporting or | 6 | | investigation of: | 7 | | (A) unlawful conduct; or | 8 | | (B) unsolicited and unwelcome conduct; or | 9 | | (3) related to a matter of public concern. | 10 | | (b) Subject to subsection (c), a defendant who is a parent, | 11 | | legal guardian, or individual with legal custody of a child is | 12 | | not liable under this Act for a dissemination or threatened | 13 | | dissemination of an intimate private sexual image of the child. | 14 | | (c) If a defendant asserts an exception to liability under | 15 | | subsection (b), the exception does not apply if the plaintiff | 16 | | proves the disclosure was: | 17 | | (1) prohibited by a law other than this Act; or | 18 | | (2) made for the purpose of sexual arousal, sexual | 19 | | gratification, humiliation, degradation, or monetary or | 20 | | commercial gain. | 21 | | (d) The dissemination of or a threat to disseminate a | 22 | | private sexual image is not a matter of public concern solely | 23 | | because the depicted individual is a public figure. | 24 | | Section 20. Privacy of parties. | 25 | | (a) In an action under this Act: |
| | | 10100SB1507ham001 | - 6 - | LRB101 09526 LNS 60952 a |
|
| 1 | | (1) a plaintiff may proceed by using a pseudonym in | 2 | | place of the true name of the plaintiff under Section 2-401 | 3 | | of the Code of Civil Procedure; and | 4 | | (2) the court may exclude or redact from all pleadings | 5 | | and documents filed in the action other identifying | 6 | | characteristics of the plaintiff. | 7 | | (b) A plaintiff to whom paragraph (2) of subsection (a) | 8 | | applies shall file with the court and serve on the defendant a | 9 | | confidential information form that includes the excluded or | 10 | | redacted plaintiff's name and other identifying | 11 | | characteristics. | 12 | | (c) The court may make further orders as necessary to | 13 | | protect the identity and privacy of a plaintiff. | 14 | | (d) If a plaintiff is granted privacy protections under | 15 | | this Section, a defendant may file a motion with the court to | 16 | | receive the same privacy protections. The court may deny or | 17 | | grant the motion at its discretion. | 18 | | Section 25. Remedies. | 19 | | (a) In an action under this Act, a prevailing plaintiff may | 20 | | recover: | 21 | | (1) the greater of: | 22 | | (A) economic and noneconomic damages proximately | 23 | | caused by the defendant's dissemination or threatened | 24 | | dissemination, including damages for emotional | 25 | | distress whether or not accompanied by other damages; |
| | | 10100SB1507ham001 | - 7 - | LRB101 09526 LNS 60952 a |
|
| 1 | | or | 2 | | (B) statutory damages, not to exceed $10,000, | 3 | | against each defendant found liable under this Act for | 4 | | all disseminations and threatened disseminations by | 5 | | the defendant of which the plaintiff knew or reasonably | 6 | | should have known when filing the action or that became | 7 | | known during the pendency of the action. In determining | 8 | | the amount of statutory damages under this subsection, | 9 | | consideration shall be given to the age of the parties | 10 | | at the time of the disseminations or threatened | 11 | | disseminations, the number of disseminations or | 12 | | threatened disseminations made by the defendant, the | 13 | | breadth of distribution of the image by the defendant, | 14 | | and other exacerbating or mitigating factors; | 15 | | (2) an amount equal to any monetary gain made by the | 16 | | defendant from dissemination of the private sexual image; | 17 | | and | 18 | | (3) punitive damages. | 19 | | (b) In an action under this Act, the court may award a | 20 | | prevailing plaintiff: | 21 | | (1) reasonable attorney's fees and costs; and | 22 | | (2) additional relief, including injunctive relief. | 23 | | (c) This Act does not affect a right or remedy available | 24 | | under any other law of this State. | 25 | | Section 30. Statute of limitations. |
| | | 10100SB1507ham001 | - 8 - | LRB101 09526 LNS 60952 a |
|
| 1 | | (a) An action under subsection (b) of Section 10 for: | 2 | | (1) a nonconsensual dissemination may not be brought | 3 | | later than 2 years from the date the dissemination was | 4 | | discovered or should have been discovered with the exercise | 5 | | of reasonable diligence; and | 6 | | (2) a threat to disseminate may not be brought later | 7 | | than 4 years from the date of the threat to disseminate. | 8 | | (b) Except as otherwise provided in subsection (c), this | 9 | | Section is subject to the tolling statutes of this State. | 10 | | (c) In an action under subsection (a) of Section 10 by a | 11 | | depicted individual who was a minor on the date of the | 12 | | dissemination or threat to disseminate, the time specified in | 13 | | subsection (a) of this Section does not begin to run until the | 14 | | depicted individual attains the age of majority.
| 15 | | Section 35. Severability. If any provision of this Act or | 16 | | its application to any person or circumstance is held invalid, | 17 | | the invalidity does not affect other provisions or applications | 18 | | of this Act that can be given effect without the invalid | 19 | | provision or application, and to this end, the provisions of | 20 | | this Act are severable.".
|
|