SB3130 93RD GENERAL ASSEMBLY

LRB093 18369 RLC 46570 b

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.

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 1961 is amended by changing Section 26-4 as follows:

(720 ILCS 5/26-4) (from Ch. 38, par. 26-4)

Sec. 26-4. Unauthorized electronic recording or surveillance videotaping.

(a) It is unlawful for any person to knowingly electronically record, electronically surveil, videotape, photograph, or film another person without that person's consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom, or any other private place.

(a-5) It is unlawful for any person to knowingly and secretly electronically record, electronically surveil, videotape, photograph, or film another person in the other person's residence without that person's consent.

(a-10) It is unlawful for any person, using a concealed camcorder, or photographic camera, or electronic video surveillance device of any type, to knowingly and secretly videotape, photograph, film, or record by electronic means, another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent.

(a-15) 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.

(a-20) 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.

(b) Exemptions. The following activities shall be exempt from the provisions of this Section:

(1) Electronically recording, electronically surveilling, videotaping Videotaping, photographing, and filming by law enforcement officers pursuant to a criminal investigation, which is otherwise lawful;

(2) Electronically recording, electronically surveilling, videotaping Videotaping, photographing, and filming by correctional officials for security reasons or for investigation of alleged misconduct involving a person committed to the Department of Corrections.

(c) The provisions of this Section do not apply to any sound recording of an oral conversation made as the result of the videotaping or filming, and to which Article 14 of this Code applies.

(c-5) In this Section:

"Electronic video surveillance device" means any device or apparatus that can be used to record, capture, or display still or moving visual images.

"Private place" means a place where a reasonable person would expect to be safe from casual or hostile intrusion or surveillance. "Private place" does not include a place to which the public or a substantial group of the public has access.

"Surveil" or "surveillance" means to secretly visually observe the activities of another person for the purpose of spying upon and invading upon the privacy of the person observed.

(d) Sentence.

(1) A violation of subsection (a), (a-5), or (a-10), (a-15), or (a-20) is a Class 4 felony A misdemeanor.

(2) A person who, by any means, knowingly disseminates or permits the dissemination to another person of an electronic recording, video image, a videotape, photograph, or film in violation of subsection (a), (a-5), or (a-10), (a-15), or (a-20) is guilty of a Class 3 4 felony.

(3) A violation of subsection (a), (a-5), (a-10), (a-15), or (a-20) when the person electronically recorded, electronically surveilled, videotaped, photographed, or filmed is a minor under 18 years of age is a Class 2 felony.

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

Section 99. Effective date. This Act takes effect January 1, 2005.