093_HB3537

 
                                     LRB093 06479 RLC 06602 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        (b)  Exemptions.    The  following  activities  shall  be
23    exempt from the provisions of this Section:
24             (1)  Videotaping, photographing, and filming by  law
25        enforcement    officers    pursuant    to    a   criminal
26        investigation, which is otherwise lawful;
27             (2)  Videotaping,  photographing,  and  filming   by
28        correctional   officials  for  security  reasons  or  for
29        investigation of alleged misconduct  involving  a  person
30        committed to the Department of Corrections;.
31             (3)  Videotaping,   photographing,  and  filming  by
 
                            -2-      LRB093 06479 RLC 06602 b
 1        representatives of a news medium as  defined  in  Section
 2        8-902  of  the Code of Civil Procedure for the purpose of
 3        newsgathering.
 4        (c)  The provisions of this Section do not apply  to  any
 5    sound recording of an oral conversation made as the result of
 6    the  videotaping  or filming, and to which Article 14 of this
 7    Code applies.
 8        (d)  Sentence.
 9             (1)  A violation of subsection (a), (a-5), or (a-10)
10        is a Class A misdemeanor.
11             (2)  A  person  who,   by   any   means,   knowingly
12        disseminates  or  permits  the  dissemination  to another
13        person of a videotape, photograph, or film  in  violation
14        of  subsection (a), (a-5), or (a-10) is guilty of a Class
15        4 felony.

16    (Source: P.A. 91-910, eff. 1-1-01; 92-86, eff. 7-12-01.)

17        Section 99.  Effective date.  This Act takes effect  July
18    1, 2003.