Full Text of HB5807 94th General Assembly
HB5807 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5807
Introduced 07/24/06, by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/26-4 |
from Ch. 38, par. 26-4 |
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Amends the Criminal Code of 1961 to increase the minimum penalties for unauthorized video recording and unauthorized live transmission of another person without that person's consent from a Class A misdemeanor to a Class 4 felony. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5807 |
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LRB094 20972 RLC 59297 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| 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.
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| (a) It is unlawful for any person to knowingly make a video | 10 |
| record or transmit live video of
another person without that | 11 |
| person's consent in a restroom, tanning bed,
tanning salon, | 12 |
| locker room, changing room, or hotel bedroom.
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| (a-5) It is unlawful for any person to knowingly make a | 14 |
| video record or transmit live video of another person in that | 15 |
| other person's residence
without that person's consent.
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| (a-10) It is unlawful for any person to knowingly make a | 17 |
| video record or transmit live video of another person under or | 18 |
| through the clothing worn by that
other person
for the purpose | 19 |
| of viewing the body of or the undergarments worn by that other
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| person
without that person's consent.
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| (a-15) It is unlawful for any person to place or cause to | 22 |
| be placed a device that makes a video record or transmits a | 23 |
| live video in a restroom, tanning bed, tanning salon, locker | 24 |
| room, changing room, or hotel bedroom with the intent to make a | 25 |
| video record or transmit live video of another person without | 26 |
| that person's consent. | 27 |
| (a-20) It is unlawful for any person to place or cause to | 28 |
| be placed a device that makes a video record or transmits a | 29 |
| live video with the intent to make a video record or transmit | 30 |
| live video of another person in that other person's residence | 31 |
| without that person's consent. | 32 |
| (a-25) It is unlawful for any person to, by any means, |
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HB5807 |
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LRB094 20972 RLC 59297 b |
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| knowingly disseminate, or permit to be disseminated, a video | 2 |
| record or live video that he or she knows to have been made or | 3 |
| transmitted in violation of (a), (a-5), (a-10), (a-15), or | 4 |
| (a-20).
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| (b) Exemptions. The following activities shall be exempt | 6 |
| from the
provisions of this Section:
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| (1) The making of a video record or transmission of | 8 |
| live video by law enforcement
officers pursuant to a | 9 |
| criminal investigation, which is otherwise lawful;
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| (2) The making of a video record or transmission of | 11 |
| live video by correctional officials
for security reasons | 12 |
| or for investigation of alleged misconduct involving a
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| person committed to the Department of Corrections. | 14 |
| (3) The making of a video record or transmission of | 15 |
| live video in a locker room by a reporter or news medium, | 16 |
| as those terms are defined in Section 8-902 of the Code of | 17 |
| Civil Procedure, where the reporter or news medium has been | 18 |
| granted access to the locker room by an appropriate | 19 |
| authority for the purpose of conducting interviews.
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| (c) The provisions of this Section do not apply to any | 21 |
| sound recording
or transmission of an oral conversation made as | 22 |
| the result of the making of a video record or transmission of | 23 |
| live video,
and to which Article 14 of this Code applies.
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| (d) Sentence.
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| (1) A violation of subsection (a), (a-5), (a-10), | 26 |
| (a-15), or (a-20) is a
Class 4 felony
A
misdemeanor .
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| (2) (Blank)
A violation of subsection (a-5) is a Class | 28 |
| 4 felony .
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| (3) A violation of subsection (a-25) is a Class 3 | 30 |
| felony. | 31 |
| (4) A violation of subsection (a), (a-5), (a-10), | 32 |
| (a-15) or (a-20) is a Class 3 felony if the victim is a | 33 |
| person under 18 years of age or if the violation is | 34 |
| committed by an individual who is required to register as a | 35 |
| sex offender under the Sex Offender Registration Act. | 36 |
| (5) A violation of subsection (a-25) is a Class 2 |
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HB5807 |
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LRB094 20972 RLC 59297 b |
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| felony if the victim is a person under 18 years of age or | 2 |
| if the violation is committed by an individual who is | 3 |
| required to register as a sex offender under the Sex | 4 |
| Offender Registration Act.
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| (e) For purposes of this Section, "video record" means and | 6 |
| includes any videotape, photograph, film, or other electronic | 7 |
| or digital recording of a still or moving visual image; and | 8 |
| "live video" means and includes any real-time or | 9 |
| contemporaneous electronic or digital transmission of a still | 10 |
| or moving visual image.
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| (Source: P.A. 92-86, eff. 7-12-01; 93-851, eff. 1-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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