State of Illinois
92^nd General Assembly
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92_HB0453eng

 
HB0453 Engrossed                               LRB9204553RCcd

 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-3)  It  is  unlawful  for  any  person  to   knowingly
13    electronically  monitor,  televise,  or  view  another person
14    without that person's knowledge in a restroom,  tanning  bed,
15    tanning  salon,  changing  room,  or  hotel  bedroom. In this
16    subsection (a-3), "changing room" includes a  school,  health
17    club, or gymnasium locker room.
18        (a-5)  It  is  unlawful  for  any person to knowingly and
19    secretly videotape, photograph, or film another person in the
20    other person's residence without that person's consent.
21        (b)  Exemptions.   The  following  activities  shall   be
22    exempt from the provisions of this Section:
23             (1)  Videotaping,  photographing, and filming by law
24        enforcement   officers    pursuant    to    a    criminal
25        investigation, which is otherwise lawful;
26             (2)  Videotaping,   photographing,  and  filming  by
27        correctional  officials  for  security  reasons  or   for
28        investigation  of  alleged  misconduct involving a person
29        committed to the Department of Corrections; and.
30             (3)  Videotaping,  photographing,  and  filming   by
31        representatives  of  the  news  media  for the purpose of
 
HB0453 Engrossed            -2-                LRB9204553RCcd
 1        newsgathering when there is no reasonable expectation  of
 2        privacy.   For  the  purpose of this paragraph (3), "news
 3        media" means a newspaper or other  periodical  issued  at
 4        regular  intervals  whether  in  print  or  in electronic
 5        format, a news service whether  in  print  or  electronic
 6        format,   a   radio  station,  a  television  station  or
 7        television  network,  a  community   antenna   television
 8        service,  or  a  person  or corporation engaged in making
 9        news reels  or  other  motion  picture  news  for  public
10        showing.
11        (c)  The  provisions  of this Section do not apply to any
12    sound recording of an oral conversation made as the result of
13    the videotaping or filming, and to which Article 14  of  this
14    Code applies.
15        (d)  Sentence.
16             (1)  A  violation of subsection (a), (a-3), or (a-5)
17        is a Class A misdemeanor.
18             (2)  A  person  who,   by   any   means,   knowingly
19        disseminates  or  permits  the  dissemination  to another
20        person of a videotape, photograph, or film  in  violation
21        of subsection (a), (a-3), or (a-5) is guilty of a Class 4
22        felony.
23    (Source: P.A. 91-910, eff. 1-1-01.)

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