99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3679
 
Introduced , by Rep. Mike Smiddy
 
SYNOPSIS AS INTRODUCED:






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

  Amends the Criminal Code of 2012 concerning unauthorized video recording and live video transmission. Provides that a person also commits the offense when he or she knowingly makes a video record or transmits live video of another person in a residential dwelling (rather than that other person's residence) without that person's consent. Increases the penalties for violations by one class.




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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB3679LRB099 04241 RLC 24263 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 26-4 as follows:




6 (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)


7 Sec. 26-4. Unauthorized video recording and live video 
8transmission. 

9 (a) It is unlawful for any person to knowingly make a video 
10record or transmit live video of
another person without that 
11person's consent in a restroom, tanning bed,
tanning salon, 
12locker room, changing room, or hotel bedroom.

13 (a-5) It is unlawful for any person to knowingly make a 
14video record or transmit live video of another person in a 
15residential dwelling that other person's residence
without 
16that person's consent.

17 (a-6) It is unlawful for any person to knowingly make a 
18video record or transmit live video of another person in a 
19residential dwelling that other person's residence without 
20that person's consent when the recording or transmission is 
21made outside a residential dwelling that person's residence by 
22use of an audio or video device that records or transmits from 
23a remote location. 
 
 
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1 (a-10) It is unlawful for any person to knowingly make a 
2video record or transmit live video of another person under or 
3through the clothing worn by that
other person
for the purpose 
4of viewing the body of or the undergarments worn by that other

5person
without that person's consent.

6 (a-15) It is unlawful for any person to place or cause to 
7be placed a device that makes a video record or transmits a 
8live video in a restroom, tanning bed, tanning salon, locker 
9room, changing room, or hotel bedroom with the intent to make a 
10video record or transmit live video of another person without 
11that person's consent.
12 (a-20) It is unlawful for any person to place or cause to 
13be placed a device that makes a video record or transmits a 
14live video with the intent to make a video record or transmit 
15live video of another person in a residential dwelling that 
16other person's residence without that person's consent.
17 (a-25) It is unlawful for any person to, by any means, 
18knowingly disseminate, or permit to be disseminated, a video 
19record or live video that he or she knows to have been made or 
20transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15), 
21or (a-20).

22 (b) Exemptions. The following activities shall be exempt 
23from the
provisions of this Section:


24  (1) The making of a video record or transmission of 
25 live video by law enforcement
officers pursuant to a 
26 criminal investigation, which is otherwise lawful;


 
 
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1  (2) The making of a video record or transmission of 
2 live video by correctional officials
for security reasons 
3 or for investigation of alleged misconduct involving a

4 person committed to the Department of Corrections; and
5  (3) The making of a video record or transmission of 
6 live video in a locker room by a reporter or news medium, 
7 as those terms are defined in Section 8-902 of the Code of 
8 Civil Procedure, where the reporter or news medium has been 
9 granted access to the locker room by an appropriate 
10 authority for the purpose of conducting interviews.


11 (c) The provisions of this Section do not apply to any 
12sound recording
or transmission of an oral conversation made as 
13the result of the making of a video record or transmission of 
14live video,
and to which Article 14 of this Code applies.

15 (d) Sentence.


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

18  (2) A violation of subsection (a), (a-5), or (a-6) is a 
19 Class 3 4 felony.


20  (3) A violation of subsection (a-25) is a Class 2 3 
21 felony.
22  (4) A violation of subsection (a), (a-5), (a-6), 
23 (a-10), (a-15) or (a-20) is a Class 2 3 felony if the 
24 victim is a person under 18 years of age or if the 
25 violation is committed by an individual who is required to 
26 register as a sex offender under the Sex Offender 
 
 
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1 Registration Act.
2  (5) A violation of subsection (a-25) is a Class 1 2 
3 felony if the victim is a person under 18 years of age or 
4 if the violation is committed by an individual who is 
5 required to register as a sex offender under the Sex 
6 Offender Registration Act.

7 (e) For purposes of this Section:

8  (1) "Residential dwelling" "Residence" includes a 
9 rental dwelling, but does not include stairwells, 
10 corridors, laundry facilities, or additional areas in 
11 which the general public has access.

12  (2) "Video record" means and includes any videotape, 
13 photograph, film, or other electronic or digital recording 
14 of a still or moving visual image; and "live video" means 
15 and includes any real-time or contemporaneous electronic 
16 or digital transmission of a still or moving visual image.


17(Source: P.A. 96-416, eff. 1-1-10; 97-813, eff. 7-13-12.)