HB 4262

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Full Text of HB4262
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	HB4262 - 104th General Assembly
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			House Amendment 001
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		House Amendment 001
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		HB4262 Engrossed		LRB104 16636 JRC 30039 b
1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Protecting Children from Hidden Cameras Act.
6    Section 5. Definitions. As used in this Act:
7    "Child" means an unemancipated individual who is less than
818 years of age.
9    "Consent" means affirmative, conscious, and voluntary
10authorization by an individual with legal capacity to give
11authorization.
12    "Hidden camera" means a miniature or disguised recording
13device that can record or film a person while that person has
14no awareness that the device is present or being used.
15    "Hotel" means any building or buildings in which the
16public may, for a consideration, obtain living quarters,
17sleeping accommodations, or housekeeping accommodations. The
18term includes inns, motels, tourist homes or courts, lodging
19houses, rooming houses, apartment houses, retreat centers,
20conference centers, hunting lodges, and short-term rentals.
21    "Hotel guest accommodations" means living quarters,
22sleeping accommodations, housekeeping accommodations, or
23private rooms or suites rented or occupied by a guest within a
		HB4262 Engrossed	- 2 -	LRB104 16636 JRC 30039 b
1hotel, motel, or similar establishment that are intended for
2the private use of guests. The term includes restrooms located
3within or serving those accommodations. The term does not
4include stairwells, corridors, laundry facilities, employee
5areas, or other areas open to the general public in which there
6is no reasonable expectation of privacy.
7    "Live video" means any real time or contemporaneous
8electronic or digital transmission of a still or moving visual
9image.
10    "Residence" includes a rental dwelling, but does not
11include stairwells, corridors, laundry facilities, or
12additional areas in which the general public has access.
13    "Video record" means any videotape, photograph, film, or
14other electronic or digital recording of a still or moving
15visual image.
16    Section 10. Civil action.
17    (a) A cause of action is created for a child or the parent
18or guardian of the child on behalf of the child if a person or
19entity knowingly makes or transmits a video record of the
20child using a concealed or disguised recording device, or
21otherwise in a manner intended to avoid detection, without the
22consent of the child's parent or guardian in any of the
23following locations:
24        (1) A restroom, tanning bed, tanning salon, locker
25    room, changing room, or hotel guest accommodations.
		HB4262 Engrossed	- 3 -	LRB104 16636 JRC 30039 b
1        (2) A residence in which the child does not reside, in
2    an area or place within that residence in which a person
3    would reasonably expect privacy.
4    (b) This Section does not apply to any of the following:
5        (1) A parent or legal guardian of the child who is the
6    subject of the recording unless the parent's or legal
7    guardian's action is prohibited by a law other than this
8    Act.
9        (2) A recording made by law enforcement in the lawful
10    performance of official duties.
11        (3) A recording made in good faith in the reporting of
12    unlawful conduct.
13    Section 15. Violation of Act is per se harmful. A child who
14proves by a preponderance of the evidence that a defendant
15violated this Act against the child is considered obviously
16and materially harmful to the child and is deemed to be per se
17harmful and traumatic. A child does not need to present
18additional evidence to prove the child was harmed, but the
19child may present additional evidence to show the extent of
20the harm. Nothing in this Section may be construed to state
21that a child discovered the cause of action at any particular
22time, or that a child realized that the child's damages were
23related to the violation of this Act at any particular time.
24    Section 20. Privacy of children.
		HB4262 Engrossed	- 4 -	LRB104 16636 JRC 30039 b
1    (a) In an action under this Act:
2        (1) a plaintiff may proceed by using a pseudonym in
3    place of the true name of the plaintiff under Section
4    2-401 of the Code of Civil Procedure; and
5        (2) the court may exclude or redact from all pleadings
6    and documents filed in the action other identifying
7    characteristics of the plaintiff.
8    (b) If a plaintiff uses a pseudonym as provided in this
9Section, the plaintiff must file with the court and serve on
10the defendant a confidential information form that includes
11the excluded or redacted plaintiff's name and other
12identifying characteristics.
13    (c) The court may make further orders as necessary to
14protect the identity and privacy of a plaintiff.
15    (d) If a plaintiff is granted privacy protections under
16this Section, a defendant may file a motion with the court to
17receive the same privacy protections. The court may deny or
18grant the motion at its discretion.
19    Section 25. Remedies.
20    (a) In an action under this Act, a prevailing plaintiff
21may recover:
22        (1) economic and noneconomic damages proximately
23    caused by the defendant's violation of this Act,
24    including, but not limited to, damages for emotional
25    distress whether or not accompanied by other damages;
		HB4262 Engrossed	- 5 -	LRB104 16636 JRC 30039 b
1        (2) punitive damages; and
2        (3) reasonable attorney's fees and costs to the
3    prevailing plaintiff.
4    (b) This Act does not affect or limit a right or remedy
5available under any other law of this State.
6    Section 30. Statute of limitations.
7    (a) An action under this Act may not be brought later than
82 years from the date the cause of action was discovered or
9should have been discovered with the exercise of reasonable
10diligence.
11    (b) Except as otherwise provided in subsection (c), this
12Section is subject to the tolling statutes of this State.
13    (c) If a cause of action accrues for a violation of this
14Act against a child, the time specified in subsection (a) of
15this Section does not begin to run until the child becomes
16emancipated or attains the age of majority.
17    Section 35. Inspections for hidden cameras. If a State
18agency or unit of local government is required by law or
19ordinance to inspect a restroom, tanning bed, tanning salon,
20locker room, changing room, or hotel guest accommodations, the
21State agency or unit of local government must also inspect for
22hidden cameras.
23    If a hidden camera is discovered during an inspection
24conducted by a State agency or unit of local government, the
		HB4262 Engrossed	- 6 -	LRB104 16636 JRC 30039 b
1State agency or unit of local government must immediately
2notify the appropriate law enforcement agency.
3    If a hidden camera is discovered outside of an inspection
4conducted by a State agency or unit of local government, the
5person or entity discovering the device must immediately
6notify the appropriate law enforcement agency and preserve any
7reasonably available evidence relating to the device until
8collected by law enforcement or otherwise directed by law
9enforcement.
10    Section 97. Applicability. This Act applies to causes of
11action accruing on or after the effective date of this Act.
12    Section 99. Effective date. This Act takes effect upon
13becoming law.