SB3130sam001 93RD GENERAL ASSEMBLY

Don Harmon

Filed: 2/18/2004

09300SB3130sam001 LRB093 18369 RLC 47547 a

AMENDMENT TO SENATE BILL 3130

AMENDMENT NO. ______. Amend Senate Bill 3130 by replacing everything after the enacting clause with the following:

"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, dormitory room or suite, or hotel guestroom, or other private place bedroom.

(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, dormitory room or suite, hotel guestroom, 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.

(a-25) It is unlawful for any person to, by any means, knowingly disseminate, or permit to be disseminated, an electronic recording, video image, videotape, photograph, or film that he or she knows to have been produced in violation of (a), (a-5), (a-10), (a-15), or (a-20).

(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) Definitions. In this Section:

(1) "Private place" means a place where one has a reasonable expectation of privacy. "Private place" includes a place where a person may reasonably expect to be safe from casual or hostile intrusion or surveillance. The expectation of privacy explicitly extends to one's own dwelling or home.

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

(3) "Surveil" 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 violation of subsection (a), (a-5), (a-10), (a-15), or (a-20) is a Class 3 felony if the victim is a person under 18 years of age.

(3) A violation of subsection (a), (a-5), (a-10), (a-15), or (a-20) is a Class 3 felony if the violation is committed by an individual who is required to register as a sex offender under the Sex Offender Registration Act.

(4) A violation of subsection (a), (a-5), (a-10), (a-15), or (a-20) is a Class 2 felony if the victim is under 18 years of age and the violation is committed by an individual who is required to register as a sex offender under the Sex Offender Registration Act.

(5) A violation of subsection (a-25) is a Class 3 felony.

(6) A violation of subsection (a-25) is a Class 2 felony if the victim is a person under 18 years of age. (2) A person who, by any means, knowingly disseminates or permits the dissemination to another person of a videotape, photograph, or film in violation of subsection (a), (a-5), or (a-10)is guilty of a Class 4 felony.

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