Full Text of SB3130 93rd General Assembly
SB3130sam002 93RD GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 3/23/2004
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LRB093 18369 RLC 48624 a |
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| AMENDMENT TO SENATE BILL 3130
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| AMENDMENT NO. ______. Amend Senate Bill 3130 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Section 26-4 as follows:
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| (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
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| Sec. 26-4. Unauthorized video recording and live video | 8 |
| transmission
videotaping .
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| (a) It is unlawful for any person to knowingly make a video | 10 |
| record or transmit live video of
videotape, photograph, or
film
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| another person without that person's consent in a restroom, | 12 |
| tanning bed,
tanning salon, locker room, changing room, or | 13 |
| hotel bedroom.
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| (a-5) It is unlawful for any person to knowingly make a | 15 |
| video record or transmit live video of
and secretly videotape,
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| photograph, or film another person in that
the other person's | 17 |
| residence
without that person's consent.
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| (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
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| for the purpose of viewing the body of or the undergarments | 24 |
| worn by that other
person
without that person's consent.
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| (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 subsection (a), (a-5), (a-10), | 16 |
| (a-15), or (a-20).
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| (b) Exemptions. The following activities shall be exempt | 18 |
| from the
provisions of this Section:
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| (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;
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| (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.
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| (c) The provisions of this Section do not apply to any |
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| 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.
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| (d) Sentence.
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| (1) A violation of subsection (a), (a-5), or (a-10) , | 7 |
| (a-15), or (a-20) is a
Class A
misdemeanor.
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| (2) A violation of subsection (a-5) is a Class 4 | 9 |
| felony.
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| (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.
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| (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.
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| (Source: P.A. 91-910, eff. 1-1-01; 92-86, eff. 7-12-01.)".
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