Judiciary II - Criminal Law Committee

Filed: 2/26/2004

 

 


 

 


 
09300HB4275ham001 LRB093 17716 RLC 48080 a

1
AMENDMENT TO HOUSE BILL 4275

2     AMENDMENT NO. ______. Amend House Bill 4275 by replacing
3 everything after the enacting clause with the following:
 
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 video recording and live video
8 transmission videotaping.
9     (a) It is unlawful for any person to knowingly make a video
10 record or transmit live video of videotape, photograph, or film
11 another person without that person's consent in a restroom,
12 tanning bed, tanning salon, locker room, changing room, or
13 hotel bedroom.
14     (a-5) It is unlawful for any person to knowingly make a
15 video record or transmit live video of and secretly videotape,
16 photograph, or film another person in that the other person's
17 residence without that person's consent.
18     (a-10) It is unlawful for any person , using a concealed
19 camcorder or photographic camera of any type, to knowingly make
20 a video record or transmit live video of and secretly
21 videotape, photograph, or record by electronic means, another
22 person under or through the clothing worn by that other person
23 for the purpose of viewing the body of or the undergarments
24 worn by that other person without that person's consent.

 

 

09300HB4275ham001 - 2 - LRB093 17716 RLC 48080 a

1     (a-15) It is unlawful for any person to place or cause to
2 be placed a device that makes a video record or transmits a
3 live video in a restroom, tanning bed, tanning salon, locker
4 room, changing room, or hotel bedroom with the intent to make a
5 video record or transmit live video of another person without
6 that person's consent.
7     (a-20) It is unlawful for any person to place or cause to
8 be placed a device that makes a video record or transmits a
9 live video with the intent to make a video record or transmit
10 live video of another person in that other person's residence
11 without that person's consent.
12     (a-25) It is unlawful for any person to, by any means,
13 knowingly disseminate, or permit to be disseminated, a video
14 record or live video that he or she knows to have been made or
15 transmitted in violation of (a), (a-5), (a-10), (a-15), or
16 (a-20).
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 Videotaping, photographing, and filming by law
21 enforcement officers pursuant to a criminal investigation,
22 which is otherwise lawful;
23         (2) The making of a video record or transmission of
24 live video Videotaping, photographing, and filming by
25 correctional officials for security reasons or for
26 investigation of alleged misconduct involving a person
27 committed to the Department of Corrections.
28         (3) The making of a video record or transmission of
29 live video in a locker room by a reporter or news medium,
30 as those terms are defined in Section 8-902 of the Code of
31 Civil Procedure, where the reporter or news medium has been
32 granted access to the locker room by an appropriate
33 authority for the purpose of conducting interviews.
34     (c) The provisions of this Section do not apply to any

 

 

09300HB4275ham001 - 3 - LRB093 17716 RLC 48080 a

1 sound recording or transmission of an oral conversation made as
2 the result of the making of a video record or transmission of
3 live video videotaping or filming, and to which Article 14 of
4 this Code applies.
5     (d) Sentence.
6         (1) A violation of subsection (a), (a-5), or (a-10),
7 (a-15), or (a-20) is a Class A misdemeanor.
8         (2) A violation of subsection (a-5) is a Class 4
9 felony.
10         (3) A violation of subsection (a-25) is a Class 3
11 felony.
12         (4) A violation of subsection (a), (a-5), (a-10),
13 (a-15) or (a-20) is a Class 3 felony if the victim is a
14 person under 18 years of age or if the violation is
15 committed by an individual who is required to register as a
16 sex offender under the Sex Offender Registration Act.
17         (5) A violation of subsection (a-25) is a Class 2
18 felony if the victim is a person under 18 years of age or
19 if the violation is committed by an individual who is
20 required to register as a sex offender under the Sex
21 Offender Registration Act.
22         (2) A person who, by any means, knowingly disseminates
23 or permits the dissemination to another person of a
24 videotape, photograph, or film in violation of subsection
25 (a), (a-5), or (a-10) is guilty of a Class 4 felony.
26     (e) For purposes of this Section, "video record" means and
27 includes any videotape, photograph, film, or other electronic
28 or digital recording of a still or moving visual image; and
29 "live video" means and includes any real-time or
30 contemporaneous electronic or digital transmission of a still
31 or moving visual image.
32 (Source: P.A. 91-910, eff. 1-1-01; 92-86, eff. 7-12-01.)".