Bill Amendment: IL HB3906 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: CRIM CD-DRONE-PRIVACY

Status: 2019-01-08 - Session Sine Die [HB3906 Detail]

Download: Illinois-2017-HB3906-House_Amendment_001.html

---

Rep. Martin J. Moylan

Filed: 3/21/2017

10000HB3906ham001 LRB100 11021 RLC 23390 a
AMENDMENT TO HOUSE BILL 3906
AMENDMENT NO. ______. Amend House Bill 3906 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 2012 is amended by
changing Section 26-4 as follows:
(720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
Sec. 26-4. Unauthorized video recording and live video
transmission.
(a) It is unlawful for any person to knowingly make a video
record or transmit live video of another person without that
person's consent in a restroom, tanning bed, tanning salon,
locker room, changing room, or hotel bedroom.
(a-5) It is unlawful for any person to knowingly make a
video record or transmit live video of another person in that
other person's residence without that person's consent.
(a-6) It is unlawful for any person to knowingly make a

10000HB3906ham001 - 2 - LRB100 11021 RLC 23390 a
video record or transmit live video of another person in that
other person's residence without that person's consent when the
recording or transmission is made outside that person's
residence by use of an audio or video device that records or
transmits from a remote location.
(a-10) It is unlawful for any person to knowingly make a
video record or transmit live video of another person under or
through the clothing worn by that other person for the purpose
of viewing the body of or the undergarments worn by that other
person without that person's consent.
(a-15) It is unlawful for any person to place or cause to
be placed a device that makes a video record or transmits a
live video in a restroom, tanning bed, tanning salon, locker
room, changing room, or hotel bedroom with the intent to make a
video record or transmit live video of another person without
that person's consent.
(a-20) It is unlawful for any person to place or cause to
be placed a device that makes a video record or transmits a
live video with the intent to make a video record or transmit
live video of another person in that other person's residence
without that person's consent.
(a-25) It is unlawful for any person to, by any means,
knowingly disseminate, or permit to be disseminated, a video
record or live video that he or she knows to have been made or
transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15),
or (a-20).

10000HB3906ham001 - 3 - LRB100 11021 RLC 23390 a
(a-30)(1) It is unlawful for any person to knowingly,
without the consent of another person, operate an unmanned
aerial vehicle in a manner that:
(A) is intended to cause the unmanned aerial vehicle to
enter the space above or surrounding the other person's
occupied residence for the purpose of making a video record
or transmitting live video, or audio recordings of the
other person while the other person is:
(i) within his or her occupied residence; or
(ii) on the land or premises on which his or her
occupied residence is located; and
(B) invades his or her reasonable expectation of
privacy.
(2) It is unlawful for the person to knowingly disseminate
a video record or live video made in violation of subparagraphs
(A) and (B) of paragraph (1) of this subsection (a-30).
(b) Exemptions. The following activities shall be exempt
from the provisions of this Section:
(1) The making of a video record or transmission of
live video by law enforcement officers pursuant to a
criminal investigation, which is otherwise lawful;
(2) The making of a video record or transmission of
live video by correctional officials for security reasons
or for investigation of alleged misconduct involving a
person committed to the Department of Corrections; and
(3) The making of a video record or transmission of

10000HB3906ham001 - 4 - LRB100 11021 RLC 23390 a
live video in a locker room by a reporter or news medium,
as those terms are defined in Section 8-902 of the Code of
Civil Procedure, where the reporter or news medium has been
granted access to the locker room by an appropriate
authority for the purpose of conducting interviews.
(c) The provisions of this Section do not apply to any
sound recording or transmission of an oral conversation made as
the result of the making of a video record or transmission of
live video, and to which Article 14 of this Code applies.
(d) Sentence.
(1) A violation of subsection (a-10), (a-15), or
(a-20), or (a-30) is a Class A misdemeanor.
(2) A violation of subsection (a), (a-5), or (a-6) is a
Class 4 felony.
(3) A violation of subsection (a-25) is a Class 3
felony.
(4) A violation of subsection (a), (a-5), (a-6),
(a-10), (a-15) or (a-20) is a Class 3 felony if the victim
is a person under 18 years of age or if the violation is
committed by an individual who is required to register as a
sex offender under the Sex Offender Registration Act.
(5) A violation of subsection (a-25) is a Class 2
felony if the victim is a person under 18 years of age or
if the violation is committed by an individual who is
required to register as a sex offender under the Sex
Offender Registration Act.

10000HB3906ham001 - 5 - LRB100 11021 RLC 23390 a
(e) For purposes of this Section:
(1) "Residence" includes a rental dwelling, but does
not include stairwells, corridors, laundry facilities, or
additional areas in which the general public has access.
(1.5) "Unmanned aerial vehicle" means an aircraft that
does not carry a human operator and that is capable of
flight under remote control or autonomous programming.
"Unmanned aerial vehicle" includes the following:
(A) an unmanned aircraft and an unmanned aircraft
system (both as defined in the Federal Aviation
Administration Modernization and Reform Act of 2012
(P.L.112-95, 126 Stat. 6 11)); and
(B) a small unmanned aircraft and a small unmanned
aircraft system (both as defined in 14 CFR 107.3).
(2) "Video record" means and includes any videotape,
photograph, film, or other electronic or digital recording
of a still or moving visual image; and "live video" means
and includes any real-time or contemporaneous electronic
or digital transmission of a still or moving visual image.
(Source: P.A. 96-416, eff. 1-1-10; 97-813, eff. 7-13-12.)".