SB0628 100TH GENERAL ASSEMBLY

LRB100 04120 RLC 16853 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0628

Introduced 1/25/2017, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

720 ILCS 5/26-4.6 new

Amends the Criminal Code of 2012. Creates the offense of unauthorized visual recording. Provides that a first responder commits the offense when he or she is present at a motor vehicle accident or other emergency situation for the purpose of providing public safety services or medical care or assistance and knowingly photographs, films, videotapes, records, or otherwise reproduces in any manner the image of a human corpse or a person being provided medical care or assistance, except for a legitimate law enforcement purpose, public safety purpose, health care purpose, insurance purpose, legal investigation or legal proceeding involving an injured or deceased person, or under a court order. Also, provides that a first responder commits the offense when he or she knowingly discloses any photograph, film, videotape, record, or other reproduction of the image of a human corpse or a person being provided medical care or assistance at the scene of a motor vehicle accident or other emergency situation photographed, filmed, videotaped, recorded, or otherwise reproduced by another person in the agency for which the first responder is employed without prior written consent of the injured person, the person's next-of-kin if the injured person cannot provide consent, or personal representative under law of a deceased person, unless the disclosure is for a legitimate law enforcement purpose, public safety purpose, health care purpose, insurance purpose, legal investigation or legal proceeding involving an injured or deceased person, or under a court order. Provides that a violation is a Class C misdemeanor for a first offense and a Class B misdemeanor for a second or subsequent offense.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by adding Section 26-4.6 as follows:

(720 ILCS 5/26-4.6 new)

Sec. 26-4.6. Unauthorized visual recording.

(a) As used in this Section:

"Computer", "computer program", and "data" have the meanings ascribed to them in Section 17-0.5 of this Code.

"Depiction by computer" means a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.

"Disclose" means to sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, offer, or otherwise make available or make known to any third party.

"Disseminate" means (1) to sell, distribute, exchange, or transfer possession, whether with or without consideration or (2) to make a depiction by computer available for distribution or downloading through the facilities of any telecommunications network or through any other means of transferring computer programs or data to a computer.

"First responder" means a peace officer, firefighter, emergency medical services personnel, or other similar person authorized to respond to calls for public safety services or emergency medical assistance.

(b) A first responder commits unauthorized visual recording when he or she is present at a motor vehicle accident or other emergency situation for the purpose of providing public safety services or medical care or assistance and knowingly photographs, films, videotapes, records, or otherwise reproduces in any manner the image of a human corpse or a person being provided medical care or assistance, except for a legitimate law enforcement purpose, public safety purpose, health care purpose, insurance purpose, legal investigation or legal proceeding involving an injured or deceased person, or under a court order.

(c) A first responder commits unauthorized visual recording when he or she knowingly discloses any photograph, film, videotape, record, or other reproduction of the image of a human corpse or a person being provided medical care or assistance at the scene of a motor vehicle accident or other emergency situation photographed, filmed, videotaped, recorded, or otherwise reproduced by another person in the agency for which the first responder is employed without prior written consent of the injured person, the person's next-of-kin if the injured person cannot provide consent, or personal representative under law of a deceased person, unless the disclosure is for a legitimate law enforcement purpose, public safety purpose, health care purpose, insurance purpose, legal investigation or legal proceeding involving an injured or deceased person, or under a court order.

(d) Sentence. A person who violates this Section is guilty of a Class C misdemeanor for a first offense and a Class B misdemeanor for a second or subsequent offense.