SB 4038

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Full Text of SB4038
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	SB4038 - 104th General Assembly
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		SB4038 Enrolled		LRB104 19814 RLC 33264 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
5changing Section 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-4) It is unlawful for any person to knowingly make a 
14video record, transmit live video of, or place or cause to be 
15placed a device that makes a video record or transmits live 
16video of another person whom the person knows to be a victim or 
17witness in any location inside of a State courthouse without 
18that person's consent or consent of the presiding judge, or 
19consent of an entity responsible for providing law enforcement 
20or security for a courthouse, provided that consent is 
21consistent with any order issued by the Supreme Court or the 
22presiding judge. An individual's consent to be recorded does 
23not supersede a judicial order prohibiting video recording. 
		SB4038 Enrolled	- 2 -	LRB104 19814 RLC 33264 b
1This subsection does not apply to video captured by the 
2courthouse security cameras or body cameras worn by law 
3enforcement officers. Nothing in this subsection shall be 
4construed to circumvent the provisions of the Open Meetings 
5Act.
6    (a-5) It is unlawful for any person to knowingly make a
7video record or transmit live video of another person in that
8other person's residence without that person's consent.
9    (a-6) It is unlawful for any person to knowingly make a
10video record or transmit live video of another person in that
11other person's residence without that person's consent when
12the recording or transmission is taken or made outside that
13person's residence by use of an audio or video device that
14records or transmits from a remote location.
15    (a-10) It is unlawful for any person to knowingly make a
16video record or transmit live video of another person's
17intimate parts for the purpose of viewing the body of or the
18undergarments worn by that other person without that person's
19consent. For the purposes of this subsection (a-10), "intimate
20parts" means the fully unclothed, partially unclothed, or
21transparently clothed genitals, pubic area, anus, or if the
22person is female, a partially or fully exposed nipple,
23including exposure through transparent clothing.
24    (a-15) It is unlawful for any person to place or cause to
25be placed a device that makes a video record or transmits a
26live video in a restroom, tanning bed, tanning salon, locker
		SB4038 Enrolled	- 3 -	LRB104 19814 RLC 33264 b
1room, changing room, or hotel bedroom with the intent to make a
2video record or transmit live video of another person without
3that person's consent.
4    (a-20) It is unlawful for any person to place or cause to
5be placed a device that makes a video record or transmits a
6live video with the intent to make a video record or transmit
7live video of another person in that other person's residence
8without that person's consent.
9    (a-25) It is unlawful for any person to, by any means,
10knowingly disseminate, or permit to be disseminated, a video
11record or live video that he or she knows to have been made or
12transmitted in violation of (a), (a-4), (a-5), (a-6), (a-10),
13(a-15), or (a-20).
14    (b) Exemptions. The following activities shall be exempt
15from the provisions of this Section:
16        (1) The making of a video record or transmission of
17    live video by law enforcement officers pursuant to a
18    criminal investigation, which is otherwise lawful;
19        (2) The making of a video record or transmission of
20    live video by correctional officials for security reasons
21    or for investigation of alleged misconduct involving a
22    person committed to the Department of Corrections; and
23        (3) The making of a video record or transmission of
24    live video in a locker room by a reporter or news medium,
25    as those terms are defined in Section 8-902 of the Code of
26    Civil Procedure, where the reporter or news medium has
		SB4038 Enrolled	- 4 -	LRB104 19814 RLC 33264 b
1    been granted access to the locker room by an appropriate
2    authority for the purpose of conducting interviews.
3    (c) The provisions of this Section do not apply to any
4sound recording or transmission of an oral conversation made
5as the result of the making of a video record or transmission
6of live video, and to which Article 14 of this Code applies.
7    (d) Sentence.
8        (1) A violation of subsection (a-15), (a-4), or (a-20)
9    is a Class A misdemeanor.
10        (2) A violation of subsection (a), (a-5), (a-6), or
11    (a-10) is a Class 4 felony.
12        (3) A violation of subsection (a-25) is a Class 3
13    felony.
14        (4) A violation of subsection (a), (a-5), (a-6),
15    (a-10), (a-15) or (a-20) is a Class 3 felony if the victim
16    is a person under 18 years of age or if the violation is
17    committed by an individual who is required to register as
18    a sex offender under the Sex Offender Registration Act.
19        (5) A violation of subsection (a-25) is a Class 2
20    felony if the victim is a person under 18 years of age or
21    if the violation is committed by an individual who is
22    required to register as a sex offender under the Sex
23    Offender Registration Act.
24    (e) For purposes of this Section:
25        (0.05) "Courthouse" includes any local, county, or 
26    State facility where court proceedings are held and court 
		SB4038 Enrolled	- 5 -	LRB104 19814 RLC 33264 b
1    functions occur.
2        (1) "Residence" includes a rental dwelling, but does
3    not include stairwells, corridors, laundry facilities, or
4    additional areas in which the general public has access.
5        (2) "Video record" means and includes any videotape,
6    photograph, film, or other electronic or digital recording
7    of a still or moving visual image; and "live video" means
8    and includes any real-time or contemporaneous electronic
9    or digital transmission of a still or moving visual image.
10(Source: P.A. 102-567, eff. 1-1-22.)