Bill Amendment: IL SB4038 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: UNAUTHORIZE VIDEO-PHOTO-COURT

Status: 2026-06-18 - Sent to the Governor [SB4038 Detail]

Download: Illinois-2025-SB4038-Senate_Amendment_002.html

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Sen. Laura M. Murphy

Filed: 4/14/2026

 

 

 

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AMENDMENT TO SENATE BILL 4038
AMENDMENT NO. ______. Amend Senate Bill 4038 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, and photographing.
(a) It is unlawful for any person to knowingly make a video
record or transmit live video of or photograph another person
without that person's consent in a restroom, tanning bed,
tanning salon, locker room, changing room, or hotel bedroom.
(a-4) It is unlawful for any person to knowingly make a
video record, transmit live video of, photograph, or place or
cause to be placed a device that makes a video record or
transmits live video or photographs of another person whom the

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person knows to be a victim or witness in any location inside
of a State courthouse without that person's consent or consent
of the presiding judge, or consent of an entity responsible
for providing law enforcement or security for a courthouse,
provided that consent is consistent with any order issued by
the Supreme Court or the presiding judge. An individual's
consent to be photographed or recorded does not supersede a
judicial order prohibiting photography or video recording.
This subsection does not apply to photography or video
captured by the courthouse security cameras or body cameras
worn by law enforcement officers. Nothing in this subsection
shall be construed to circumvent the provisions of the Open
Meetings Act.
(a-5) It is unlawful for any person to knowingly make a
video record or transmit live video of or photograph 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
video record or transmit live video of or photograph another
person in that other person's residence without that person's
consent when the recording or transmission or photograph is
taken or 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 or photograph another

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person's intimate parts for the purpose of viewing the body of
or the undergarments worn by that other person without that
person's consent. For the purposes of this subsection (a-10),
"intimate parts" means the fully unclothed, partially
unclothed, or transparently clothed genitals, pubic area,
anus, or if the person is female, a partially or fully exposed
nipple, including exposure through transparent clothing.
(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 or photographs another person 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 or photographs another person with the intent to
make a video record or transmit live video of or photograph
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 or photograph that he or she knows to have
been made or transmitted in violation of (a), (a-4), (a-5),
(a-6), (a-10), (a-15), or (a-20).
(b) Exemptions. The following activities shall be exempt

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from the provisions of this Section:
(1) The making of a video record or transmission of
live video or photograph 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 or photograph 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
live video or photograph 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-15), (a-4), or (a-20)
is a Class A misdemeanor.
(2) A violation of subsection (a), (a-5), (a-6), or
(a-10) is a Class 4 felony.

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(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.
(e) For purposes of this Section:
(0.05) "Courthouse" includes any local, county, or
state facility where court proceedings are held and court
functions occur.
(1) "Residence" includes a rental dwelling, but does
not include stairwells, corridors, laundry facilities, or
additional areas in which the general public has access.
(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. 102-567, eff. 1-1-22.)".