Illinois 97th Regular Session Status: Enacted

SB 2040 — CRIM CD-USE OF RECORDED SOUND

Last action — Public Act . . . . . . . . . 97-0538

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 10, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Section of the Criminal Code of 1961 creating the offense of unlawful use of recorded sounds or images. Provides that, with respect to sound recordings (other than from the sound track of a motion picture or other audiovisual work), the Section applies only to sound recordings that were initially recorded before February 15, 1972.

Bill Text

What changed in the latest version

9 added · 9 removed

Plain-language change summary

The amendment to SB 2040 specifically clarifies the language regarding sound recordings that are not part of a motion picture or audiovisual work. It changes the phrase from "from the sound track" to "accompanying," which may provide a clearer legal definition. This matters because it helps ensure that the law more precisely outlines which types of sound recordings fall under its provisions, potentially impacting copyright protections for older recordings.

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Latest
SB2040 Engrossed LRB097 00013 RLC 40033 b AN ACT concerning criminal law.
SB2040 Enrolled LRB097 00013 RLC 40033 b AN ACT concerning criminal law.
(3) Intentionally, knowingly or recklessly offers or makes available for a fee, rental or any other form of compensation, directly or indirectly, any equipment or SB2040 Engrossed - 2 - LRB097 00013 RLC 40033 b machinery for the purpose of use by another to reproduce or transfer, without the consent of the owner, any sounds or images recorded on any sound or audio visual recording to another sound or audio visual recording or for the purpose of use by another to manufacture any sound or audio visual recording in violation of Section 16-8.
(3) Intentionally, knowingly or recklessly offers or makes available for a fee, rental or any other form of compensation, directly or indirectly, any equipment or SB2040 Enrolled - 2 - LRB097 00013 RLC 40033 b machinery for the purpose of use by another to reproduce or transfer, without the consent of the owner, any sounds or images recorded on any sound or audio visual recording to another sound or audio visual recording or for the purpose of use by another to manufacture any sound or audio visual recording in violation of Section 16-8.
SB2040 Engrossed - 3 - LRB097 00013 RLC 40033 b (4) "Master sound recording" means the original physical object on which a given set of sounds were first recorded and which the original object from which all subsequent sound recordings embodying the same set of sounds are directly or indirectly derived.
SB2040 Enrolled - 3 - LRB097 00013 RLC 40033 b (4) "Master sound recording" means the original physical object on which a given set of sounds were first recorded and which the original object from which all subsequent sound recordings embodying the same set of sounds are directly or indirectly derived.
and (2) If the offense involves more than 1,000 SB2040 Engrossed - 4 - LRB097 00013 RLC 40033 b unidentified sound recordings or more than 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $250,000.
and (2) If the offense involves more than 1,000 SB2040 Enrolled - 4 - LRB097 00013 RLC 40033 b unidentified sound recordings or more than 65 unidentified audio visual recordings during any 180 day period the authorized fine is up to $250,000.
(h) Any sound or audio visual recordings containing transferred sounds or a performance whose transfer was not authorized by the owner of the master sound recording or performance, in violation of this Section, or in the attempt to commit such violation as defined in Section 8-2, or in a solicitation to commit such offense as defined in Section 8-1, SB2040 Engrossed - 5 - LRB097 00013 RLC 40033 b may be confiscated and destroyed upon conclusion of the case or cases to which they are relevant, except that the Court may enter an order preserving them as evidence for use in other cases or pending the final determination of an appeal.
(h) Any sound or audio visual recordings containing transferred sounds or a performance whose transfer was not authorized by the owner of the master sound recording or performance, in violation of this Section, or in the attempt to commit such violation as defined in Section 8-2, or in a solicitation to commit such offense as defined in Section 8-1, SB2040 Enrolled - 5 - LRB097 00013 RLC 40033 b may be confiscated and destroyed upon conclusion of the case or cases to which they are relevant, except that the Court may enter an order preserving them as evidence for use in other cases or pending the final determination of an appeal.
(j) With respect to sound recordings (other than from the sound track of a motion picture or other audiovisual work), this Section applies only to sound recordings that were initially recorded before February 15, 1972.
(j) With respect to sound recordings (other than accompanying a motion picture or other audiovisual work), this Section applies only to sound recordings that were initially recorded before February 15, 1972.
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Action History

  1. Public Act . . . . . . . . . 97-0538

  2. Effective Date January 1, 2012

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 054-000-000

  7. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Criminal Law; 006-000-000

  8. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Criminal Law

  9. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  10. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Ron Sandack

  11. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 17, 2011

  12. Secretary's Desk - Concurrence House Amendment(s) 1

  13. Third Reading - Short Debate - Passed 098-000-000

  14. Added Alternate Chief Co-Sponsor Rep. Michael G. Connelly

  15. Placed on Calendar Order of 3rd Reading - Short Debate

  16. Second Reading - Short Debate

  17. Placed on Calendar 2nd Reading - Short Debate

  18. Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 007-000-000

  19. House Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote

  20. House Committee Amendment No. 1 Rules Refers to Judiciary II - Criminal Law Committee

  21. House Committee Amendment No. 1 Referred to Rules Committee

  22. House Committee Amendment No. 1 Filed with Clerk by Rep. Franco Coladipietro

  23. Assigned to Judiciary II - Criminal Law Committee

  24. Referred to Rules Committee

  25. First Reading

  26. Chief House Sponsor Rep. Franco Coladipietro

  27. Placed on Calendar Order of First Reading

  28. Arrived in House

  29. Third Reading - Passed; 050-003-000

  30. Placed on Calendar Order of 3rd Reading March 14, 2011

  31. Second Reading

  32. Placed on Calendar Order of 2nd Reading March 10, 2011

  33. Do Pass Criminal Law; 009-000-000

  34. Assigned to Criminal Law

  35. Referred to Assignments

  36. First Reading

  37. Filed with Secretary by Sen. Ron Sandack

Sponsors

  • Ron Sandack · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Ron Sandack

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 43003
Democrat 8002
Republican 3000
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Dillard — Yea
Frerichs — Yea
Noland — Yea
Link — Yea
Luechtefeld — Yea
Haine — Yea
Kotowski — Yea
LaHood — Yea
Landek — Yea
Jacobs — Yea
Johnson, C. — Yea
Johnson, T. — Yea
Sullivan — Yea
Jones, J. — Yea
Maloney — Yea
McCann — Not Voting
Cullerton — Yea
McCarter — Not Voting
Meeks — Yea
Brady — Not Voting
Millner — Yea
Mulroe — Yea
Muñoz — Yea
Radogno — Yea
Schoenberg — Yea
Steans — Yea
Clayborne — Yea
Crotty — Yea
Cultra — Yea
Duffy — Yea
Forby — Yea
Garrett — Yea
Hutchinson — Yea
Trotter — Yea
Wilhelmi — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
Silverstein — Yea
Lauzen — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Not Voting
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Third Reading

Passed 98 Yea · 0 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 800016
Democrat 13001
Republican 5001
Total 980018
% of votes cast 84%0%0%16%
How each member voted (116)
Member Party Vote
Brauer — Yea
Brown — Yea
Mell — Not Voting
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Connelly — Yea
McAsey — Yea
Mulligan — Not Voting
Hays — Yea
Jackson — Yea
Jakobsson — Yea
Jefferson — Yea
Nybo — Not Voting
Leitch — Yea
Mathias — Yea
McCarthy — Yea
Reitz — Yea
Lyons — Yea
Riley — Yea
Bradley — Yea
McGuire — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Dugan — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Golar — Yea
Lang — Yea
Burke, Kelly — Yea
Harris, David — Yea
Sullivan — Yea
Harris, Greg — Yea
Madigan — Yea
McAuliffe — Not Voting
Moffitt — Yea
Morthland — Yea
Nekritz — Yea
Howard — Yea
Phelps — Yea
Poe — Yea
Watson — Yea
Senger — Not Voting
Williams — Yea
Soto — Not Voting
Jones — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Hernandez — Not Voting
Unes — Yea
Burke, Daniel — Not Voting
Verschoore — Yea
Davis, Monique — Not Voting
Winters — Not Voting
Yarbrough — Yea
Cavaletto — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Dunkin — Not Voting
Gordon — Yea
Hatcher — Yea
Holbrook — Yea
Kay — Yea
Kosel — Not Voting
Zalewski — Not Voting
Osmond — Yea
Pihos — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Roth — Yea
Sacia — Not Voting
Saviano — Yea
Schmitz — Yea
Sente — Yea
Sommer — Yea
Acevedo — Yea
Arroyo — Yea
Barickman — Yea
Beaubien — Not Voting
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biss — Yea
Mautino — Yea
Bost — Yea
May — Yea
Chapa LaVia — Not Voting
Anthony DeLuca Democrat Yea
Bill Cunningham Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Michelle Mussman Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Jil Tracy Republican Not Voting
Joe C. Sosnowski Republican Yea
Norine K. Hammond Republican Yea
Wayne A. Rosenthal Republican Yea

Official roll call →

Third Reading

Passed 50 Yea · 3 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 38206
Democrat 10000
Republican 2100
Total 50306
% of votes cast 85%5%0%10%
How each member voted (59)
Member Party Vote
Dillard — Yea
Frerichs — Yea
Mulroe — Yea
Link — Yea
Luechtefeld — Yea
Kotowski — Yea
Landek — Yea
Lauzen — Yea
Brady — Yea
Jacobs — Yea
Johnson, C. — Yea
Sullivan — Yea
Jones, J. — Yea
Maloney — Yea
McCann — Yea
Cullerton — Yea
McCarter — Yea
Johnson, T. — Nay
Meeks — Not Voting
Millner — Not Voting
Muñoz — Yea
Noland — Yea
Radogno — Yea
Schoenberg — Yea
Silverstein — Not Voting
Steans — Yea
Clayborne — Not Voting
Crotty — Not Voting
Cultra — Yea
Duffy — Yea
Forby — Yea
Garrett — Yea
Hutchinson — Yea
Trotter — Yea
Wilhelmi — Not Voting
Haine — Yea
Pankau — Yea
Raoul — Nay
Righter — Yea
Sandack — Yea
Sandoval — Yea
LaHood — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Nay
Sue Rezin Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 2040 do?
Amends the Section of the Criminal Code of 1961 creating the offense of unlawful use of recorded sounds or images. Provides that, with respect to sound recordings (other than from the sound track of a motion picture or other audiovisual work), the Section applies only to sound recordings that were initially recorded before February 15, 1972.
Who sponsors SB 2040?
SB 2040 is sponsored by Ron Sandack.
What is the current status of SB 2040?
This bill has been enacted into law. Introduced February 10, 2011. Enacted.
Where can I track SB 2040?
Track SB 2040 free on One Click Politics — get push/email alerts when it moves.

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