93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3130

 

Introduced 2/6/2004, by Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/26-4   from Ch. 38, par. 26-4

    Amends the Criminal Code of 1961. Includes in the offense of unauthorized videotaping, electronically recording or electronically surveilling another person without that person's consent in a private place. Provides that it is unlawful for any person to place or cause to be placed an electronic video surveillance device in a restroom, tanning bed, tanning salon, locker room, changing room, hotel bedroom, or any other private place, with the intent to electronically record, electronically surveil, videotape, photograph, or film another person without that person's consent. Provides that it is unlawful for any person to place or cause to be placed an electronic video surveillance device in another person's residence without that person's consent, with the intent to secretly electronically record, electronically surveil, videotape, photograph, or film another person without that person's consent. Increases the penalties for the offense from a Class A misdemeanor to a Class 4 felony and if the images are disseminated from a Class 4 felony to a Class 3 felony. Provides that if the person electronically recorded, electronically surveilled, videotaped, photographed, or filmed is under 18 years of age, the penalty is a Class 2 felony. Effective January 1, 2005.


LRB093 18369 RLC 46570 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3130 LRB093 18369 RLC 46570 b

1     AN ACT concerning 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 changing
5 Section 26-4 as follows:
 
6     (720 ILCS 5/26-4)  (from Ch. 38, par. 26-4)
7     Sec. 26-4. Unauthorized electronic recording or
8 surveillance videotaping.
9     (a) It is unlawful for any person to knowingly
10 electronically record, electronically surveil, videotape,
11 photograph, or film another person without that person's
12 consent in a restroom, tanning bed, tanning salon, locker room,
13 changing room, or hotel bedroom, or any other private place.
14     (a-5) It is unlawful for any person to knowingly and
15 secretly electronically record, electronically surveil,
16 videotape, photograph, or film another person in the other
17 person's residence without that person's consent.
18     (a-10) It is unlawful for any person, using a concealed
19 camcorder, or photographic camera, or electronic video
20 surveillance device of any type, to knowingly and secretly
21 videotape, photograph, film, or record by electronic means,
22 another person under or through the clothing worn by that other
23 person for the purpose of viewing the body of or the
24 undergarments worn by that other person without that person's
25 consent.
26     (a-15) It is unlawful for any person to place or cause to
27 be placed an electronic video surveillance device in a
28 restroom, tanning bed, tanning salon, locker room, changing
29 room, hotel bedroom, or any other private place, with the
30 intent to electronically record, electronically surveil,
31 videotape, photograph, or film another person without that
32 person's consent.

 

 

SB3130 - 2 - LRB093 18369 RLC 46570 b

1     (a-20) It is unlawful for any person to place or cause to
2 be placed an electronic video surveillance device in another
3 person's residence without that person's consent, with the
4 intent to secretly electronically record, electronically
5 surveil, videotape, photograph, or film another person without
6 that person's consent.
7     (b) Exemptions. The following activities shall be exempt
8 from the provisions of this Section:
9         (1) Electronically recording, electronically
10     surveilling, videotaping Videotaping, photographing, and
11     filming by law enforcement officers pursuant to a criminal
12     investigation, which is otherwise lawful;
13         (2) Electronically recording, electronically
14     surveilling, videotaping Videotaping, photographing, and
15     filming by correctional officials for security reasons or
16     for investigation of alleged misconduct involving a person
17     committed to the Department of Corrections.
18     (c) The provisions of this Section do not apply to any
19 sound recording of an oral conversation made as the result of
20 the videotaping or filming, and to which Article 14 of this
21 Code applies.
22     (c-5) In this Section:
23     "Electronic video surveillance device" means any device or
24 apparatus that can be used to record, capture, or display still
25 or moving visual images.
26     "Private place" means a place where a reasonable person
27 would expect to be safe from casual or hostile intrusion or
28 surveillance. "Private place" does not include a place to which
29 the public or a substantial group of the public has access.
30     "Surveil" or "surveillance" means to secretly visually
31 observe the activities of another person for the purpose of
32 spying upon and invading upon the privacy of the person
33 observed.
34     (d) Sentence.
35         (1) A violation of subsection (a), (a-5), or (a-10),
36     (a-15), or (a-20) is a Class 4 felony A misdemeanor.

 

 

SB3130 - 3 - LRB093 18369 RLC 46570 b

1         (2) A person who, by any means, knowingly disseminates
2     or permits the dissemination to another person of an
3     electronic recording, video image, a videotape,
4     photograph, or film in violation of subsection (a), (a-5),
5     or (a-10), (a-15), or (a-20) is guilty of a Class 3 4
6     felony.
7         (3) A violation of subsection (a), (a-5), (a-10),
8     (a-15), or (a-20) when the person electronically recorded,
9     electronically surveilled, videotaped, photographed, or
10     filmed is a minor under 18 years of age is a Class 2
11     felony.
12 (Source: P.A. 91-910, eff. 1-1-01; 92-86, eff. 7-12-01.)
 
13     Section 99. Effective date. This Act takes effect January
14 1, 2005.