Illinois 98th Regular Session Status: Died 17 D cosponsors

SB 2694 — POSTING INFORMATION-INTERNET

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. Died in session

This bill died with 98th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Criminal Code of 2012. Provides that a person who knowingly places, posts, or reproduces on the Internet a photograph, video, or digital image of a person in a state of nudity, in a state of sexual excitement, or engaged in any act of sexual conduct or sexual penetration, without the knowledge and consent of that person, is guilty of a Class 4 felony. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for any person engaged in placing, posting, publishing, reproducing, or maintaining an Internet site to solicit or accept the payment of a fee or other consideration for removal of a person's private material or identifying information, which has been placed, posted, published, reproduced, or maintained on an Internet site without knowledge and consent of that person.

Bill Text

What changed in the latest version

47 added · 82 removed

Plain-language change summary

The amended bill now clarifies that posting non-consensual intimate images on the internet, with the intent to cause emotional distress, is specifically classified as a crime, referred to as "posting private material." It also adds protections to ensure that interactive service providers and the media are not held liable for these posts unless they are involved in creating them. This change matters because it strengthens laws against online harassment and protects victims' rights while balancing the responsibilities of platforms and media outlets.

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*LRB09817939RLC53063b* SB2694 98TH GENERAL ASSEMBLY State of Illinois and 2014 SB2694 Introduced 1/28/2014, by Sen.
SB2694 Engrossed LRB098 17939 RLC 53063 b AN ACT concerning posting of information on an Internet site.
Michael E.
Hastings - Toi W.
Hutchinson SYNOPSIS AS INTRODUCED:
ILCS 5/11-23 ILCS 505/2RRR new Amends the Criminal Code of 2012.
Provides that a person who knowingly places, posts, or reproduces on the Internet a photograph, video, or digital image of a person in a state of nudity, in a state of sexual excitement, or engaged in any act of sexual conduct or sexual penetration, without the knowledge and consent of that person, is guilty of a Class 4 felony.
Amends the Consumer Fraud and Deceptive Business Practices Act.
Provides that it is an unlawful practice for any person engaged in placing, posting, publishing, reproducing, or maintaining an Internet site to solicit or accept the payment of a fee or other consideration for removal of a person's private material or identifying information, which has been placed, posted, published, reproduced, or maintained on an Internet site without knowledge and consent of that person.
LRB098 17939 RLC 53063 b CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY A BILL FOR SB2694 LRB098 17939 RLC 53063 b AN ACT concerning posting of information on an Internet site.
posting private material for pornographic purposes.
posting private material.
(a-5) Any person who knowingly places, posts, reproduces, or maintains on an adult obscenity or child pornography Internet site a photograph, video, or digital image of a person under 18 years of age that is not child pornography under SB2694 - 2 - LRB098 17939 RLC 53063 b Section 11-20.1, without the knowledge and consent of the person under 18 years of age, is guilty of posting of graphic information on a pornographic Internet site.
(a-5) Any person who knowingly places, posts, reproduces, or maintains on an adult obscenity or child pornography Internet site a photograph, video, or digital image of a person under 18 years of age that is not child pornography under SB2694 Engrossed - 2 - LRB098 17939 RLC 53063 b Section 11-20.1, without the knowledge and consent of the person under 18 years of age, is guilty of posting of graphic information on a pornographic Internet site.
(a-15) A person who knowingly places, posts, or reproduces on an Internet site a photograph, video, or digital image of a person in a state of nudity, in a state of sexual excitement, or engaged in any act of sexual conduct or sexual penetration, without the knowledge and consent of that person, is guilty of posting private material for pornographic purposes.
(a-15)(1) Any person who knowingly, with intent to cause emotional distress, places, posts, or reproduces on an Internet site a photograph, video, or digital image of a person, who is 18 years of age or older, in a state of nudity, in a state of sexual excitement, or engaged in any act of sexual conduct or sexual penetration, without the knowledge and consent of that person, is guilty of posting private material.
(2) Nothing in this subsection (a-15) shall be construed to SB2694 Engrossed - 3 - LRB098 17939 RLC 53063 b impose liability for content or information provided by another person upon:
(A) an interactive computer service, as defined in 47 U.S.C.
230 (f)(2);
(B) a provider of public or private mobile service, as defined in Section 13-214 of the Public Utilities Act;
or (C) a telecommunications network provider.
(3) Nothing in this subsection (a-15) shall be construed to impose liability on the news media for publication of images or videos that are of substantial public interest.
A person who violates subsection (a) of this Section is guilty of a Class 4 felony if the victim is at least SB2694 - 3 - LRB098 17939 RLC 53063 b 17 years of age at the time of the offense and a Class 3 felony if the victim is under 17 years of age at the time of the offense.
A person who violates subsection (a) of this Section is guilty of a Class 4 felony if the victim is at least 17 years of age at the time of the offense and a Class 3 felony if the victim is under 17 years of age at the time of the offense.
(3) "Sexual conduct" means an act of masturbation, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if the person is a female, breast.
SB2694 Engrossed - 4 - LRB098 17939 RLC 53063 b (3) "News media" means a newspaper or other periodical issued at regular intervals whether in print or electronic format, a news service whether in print or electronic format, a radio station, a television station, a television network, a community antenna television service, or a person or corporation engaged in making news reels or other motion picture news for public showing.
1-25-13.) Section 10.
1-25-13.)
The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2RRR as follows:
(815 ILCS 505/2RRR new) Sec.
2RRR.
Removal of private material and identifying information.
SB2694 - 4 - LRB098 17939 RLC 53063 b (a) It is an unlawful practice for any person engaged in placing, posting, publishing, reproducing, or maintaining an Internet site to solicit or accept the payment of a fee or other consideration for removal of a person's private material or identifying information, which has been placed, posted, published, reproduced, or maintained on an Internet site without knowledge and consent of that person.
(b) As used in this Section:
(1) "Private material" means any photograph, video, or digital image of a person in a state of nudity, in a state of sexual excitement, or engaged in any act of sexual conduct or sexual penetration.
(2) "Identifying information" means name, address, telephone number, or e-mail address of a person that has been placed on an Internet site in violation of Section 11-23 of the Criminal Code of 2012.
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Action History

  1. Session Sine Die

  2. House Floor Amendment No. 1 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b)

  3. Rule 19(b) / Re-referred to Rules Committee

  4. Placed on Calendar Order of Non-Concurrence House Amendment(s) 1

  5. Senate Non-Concurs 053-000-001

  6. House Floor Amendment No. 1 Motion to Non-Concur Filed with Secretary Sen. Michael E. Hastings

  7. House Floor Amendment No. 1 Motion to Concur Postponed State Government and Veterans Affairs

  8. House Floor Amendment No. 1 Motion to Concur Assignments Referred to State Government and Veterans Affairs

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

  10. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Michael E. Hastings

  11. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 30, 2014

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

  13. Third Reading - Short Debate - Passed 112-000-000

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

  15. House Floor Amendment No. 1 Adopted

  16. Recalled to Second Reading - Short Debate

  17. Added Alternate Co-Sponsor Rep. Sara Feigenholtz

  18. Added Alternate Co-Sponsor Rep. Greg Harris

  19. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  20. Added Alternate Co-Sponsor Rep. Jaime M. Andrade, Jr.

  21. Added Alternate Co-Sponsor Rep. Christian L. Mitchell

  22. Added Alternate Co-Sponsor Rep. Lou Lang

  23. Added Alternate Co-Sponsor Rep. Kelly M. Cassidy

  24. Added Alternate Co-Sponsor Rep. Norine Hammond

  25. Added Alternate Co-Sponsor Rep. John D. Cavaletto

  26. Added Alternate Co-Sponsor Rep. Mary E. Flowers

  27. Added Alternate Co-Sponsor Rep. Martin J. Moylan

  28. Added Alternate Co-Sponsor Rep. Sue Scherer

  29. Added Alternate Co-Sponsor Rep. Natalie A. Manley

  30. Added Alternate Co-Sponsor Rep. Kathleen Willis

  31. Added Alternate Co-Sponsor Rep. Katherine Cloonen

  32. Added Alternate Co-Sponsor Rep. Deborah Conroy

  33. Added Alternate Co-Sponsor Rep. Stephanie A. Kifowit

  34. Added Alternate Co-Sponsor Rep. La Shawn K. Ford

  35. Added Alternate Co-Sponsor Rep. Jack D. Franks

  36. Added Alternate Co-Sponsor Rep. Brandon W. Phelps

  37. Added Alternate Co-Sponsor Rep. Patrick J. Verschoore

  38. Added Alternate Co-Sponsor Rep. Robyn Gabel

  39. Added Alternate Co-Sponsor Rep. Mike Smiddy

  40. Added Alternate Co-Sponsor Rep. Jerry F. Costello, II

  41. Added Alternate Co-Sponsor Rep. Carol A. Sente

  42. Added Alternate Co-Sponsor Rep. Laura Fine

  43. Added Alternate Co-Sponsor Rep. Michelle Mussman

  44. Added Alternate Co-Sponsor Rep. Anna Moeller

  45. Added Alternate Co-Sponsor Rep. Michael J. Zalewski

  46. Added Alternate Co-Sponsor Rep. Elaine Nekritz

  47. Added Alternate Co-Sponsor Rep. David Harris

  48. Added Alternate Co-Sponsor Rep. Kenneth Dunkin

  49. Added Alternate Co-Sponsor Rep. Daniel V. Beiser

  50. Added Alternate Co-Sponsor Rep. Monique D. Davis

  51. Added Alternate Co-Sponsor Rep. Thomas Morrison

  52. Added Alternate Co-Sponsor Rep. Fred Crespo

  53. Added Alternate Co-Sponsor Rep. Thaddeus Jones

  54. Added Alternate Co-Sponsor Rep. Sam Yingling

  55. Added Alternate Co-Sponsor Rep. Silvana Tabares

  56. Added Alternate Co-Sponsor Rep. John D'Amico

  57. Added Alternate Co-Sponsor Rep. William Davis

  58. Added Alternate Chief Co-Sponsor Rep. Camille Y. Lilly

  59. Added Alternate Chief Co-Sponsor Rep. Dennis M. Reboletti

  60. Added Alternate Chief Co-Sponsor Rep. Barbara Wheeler

  61. Added Alternate Chief Co-Sponsor Rep. Marcus C. Evans, Jr.

  62. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-001-000

  63. House Floor Amendment No. 1 Referred to Rules Committee

  64. House Floor Amendment No. 1 Filed with Clerk by Rep. Scott Drury

  65. Final Action Deadline Extended-9(b) May 30, 2014

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

  67. Second Reading - Short Debate

  68. Added as Co-Sponsor Sen. William Delgado

  69. Placed on Calendar 2nd Reading - Short Debate

  70. Do Pass / Short Debate Judiciary; 015-000-000

  71. Assigned to Judiciary

  72. Referred to Rules Committee

  73. First Reading

  74. Chief House Sponsor Rep. Scott Drury

  75. Arrived in House

  76. Third Reading - Passed; 052-000-000

  77. Added as Chief Co-Sponsor Sen. Iris Y. Martinez

  78. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  79. Added as Co-Sponsor Sen. Napoleon Harris, III

  80. Placed on Calendar Order of 3rd Reading February 27, 2014

  81. Senate Floor Amendment No. 2 Adopted; Hutchinson

  82. Recalled to Second Reading

  83. Pursuant to Rule 5-1(b)(i), as Chief Sponsor, I hereby allow Senator Hutchinson to present this bill on the order of 3rd Reading.

  84. Senate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 010-000-000

  85. Senate Floor Amendment No. 2 Assignments Refers to Criminal Law

  86. Senate Floor Amendment No. 2 Referred to Assignments

  87. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Michael E. Hastings

  88. Placed on Calendar Order of 3rd Reading February 25, 2014

  89. Second Reading

  90. Added as Co-Sponsor Sen. Melinda Bush

  91. Placed on Calendar Order of 2nd Reading February 20, 2014

  92. Do Pass as Amended Criminal Law; 009-000-000

  93. Senate Committee Amendment No. 1 Adopted

  94. Senate Committee Amendment No. 1 Assignments Refers to Criminal Law

  95. Senate Committee Amendment No. 1 Referred to Assignments

  96. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Michael E. Hastings

  97. Assigned to Criminal Law

  98. Added as Chief Co-Sponsor Sen. Don Harmon

  99. Added as Chief Co-Sponsor Sen. Toi W. Hutchinson

  100. Referred to Assignments

  101. First Reading

  102. Filed with Secretary by Sen. Michael E. Hastings

Sponsors

Sponsorship breakdown

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0 sponsors · 42 co-sponsors · 141 not signed on

Sponsors (0)

None.

Co-sponsors (42)

Not signed on (141)

141 members have not signed on to this bill.

Show all 141 →

"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

Third Reading

Passed 112 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 80003
Democrat 24003
Republican 8000
Total 112006
% of votes cast 95%0%0%5%
How each member voted (118)
Member Party Vote
Leitch — Yea
Acevedo — Yea
Anthony — Yea
Arroyo — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Bost — Yea
Brauer — Yea
Brown — Yea
McAsey — Yea
Moffitt — Yea
Golar — Yea
Jackson — Yea
Jakobsson — Yea
Mautino — Yea
McAuliffe — Yea
McSweeney — Yea
Bradley — Yea
Brady — Yea
Nekritz — Yea
Mitchell, Bill — Yea
Burke, Daniel — Yea
Mitchell, Christian — Yea
Phelps — Yea
Burke, Kelly — Yea
Pihos — Yea
Smiddy — Yea
Sommer — Yea
Stewart — Yea
Harris, David — Yea
Tabares — Yea
Harris, Greg — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Unes — Yea
Hernandez — Yea
Verschoore — Yea
Willis — Yea
Wheeler — Yea
Williams — Yea
Cavaletto — Yea
Cloonen — Yea
Conroy — Yea
Costello — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Harms — Yea
Hatcher — Yea
Hays — Yea
Hurley — Yea
Ives — Yea
Lang — Yea
Senger — Yea
Drury — Yea
Durkin — Yea
Davis, Monique — Yea
Jones — Yea
Kosel — Not Voting
Madigan — Yea
Sullivan — Not Voting
Yingling — Yea
Zalewski — Yea
Demmer — Yea
Dunkin — Not Voting
Jefferson — Yea
Kay — Yea
Osmond — Yea
Poe — Yea
Pritchard — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Sandack — Yea
Schmitz — Yea
Sente — Yea
Soto — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Not Voting
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Not Voting
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Not Voting
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
William "Will" Davis Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Jil Tracy Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Wayne A. Rosenthal Republican Yea

Motion, Amendment 1

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 38005
Democrat 12001
Republican 3000
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Kotowski — Yea
LaHood — Yea
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Not Voting
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Haine — Yea
Link — Yea
Luechtefeld — Yea
McCann — Yea
McConnaughay — Yea
Mulroe — Yea
Silverstein — Yea
Steans — Yea
Harris — Yea
Brady — Yea
McGuire — Yea
Sullivan — Yea
Jacobs — Yea
Clayborne — Yea
Connelly — Yea
Forby — Yea
Frerichs — Yea
Cullerton, T. — Yea
Cullerton — Yea
Landek — Yea
McCarter — Not Voting
Muñoz — Yea
Noland — Yea
Trotter — Yea
Dillard — Yea
Duffy — Not Voting
Hutchinson — Yea
Oberweis — Yea
Radogno — Yea
Raoul — Yea
Righter — Not Voting
Sandoval — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Not Voting
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Yea
Sue Rezin Republican Yea

Third Reading

Passed 52 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 39004
Democrat 11002
Republican 2001
Total 52007
% of votes cast 88%0%0%12%
How each member voted (59)
Member Party Vote
LaHood — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Not Voting
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Mulroe — Yea
Haine — Yea
Kotowski — Yea
Landek — Yea
Link — Yea
Manar — Yea
McCann — Yea
McCarter — Yea
McConnaughay — Yea
Harris — Yea
Muñoz — Yea
Radogno — Yea
Silverstein — Not Voting
McGuire — Yea
Sullivan — Yea
Jacobs — Yea
Steans — Yea
Cullerton, T. — Yea
Cullerton — Yea
Trotter — Yea
Brady — Not Voting
Clayborne — Yea
Connelly — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Hutchinson — Yea
Noland — Yea
Oberweis — Not Voting
Raoul — Yea
Righter — Yea
Sandoval — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Not Voting
Sue Rezin Republican Yea

Subjects

public-safety civil-rights technology
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Frequently asked questions

What does SB 2694 do?
Amends the Criminal Code of 2012. Provides that a person who knowingly places, posts, or reproduces on the Internet a photograph, video, or digital image of a person in a state of nudity, in a state of sexual excitement, or engaged in any act of sexual conduct or sexual penetration, without the knowledge and consent of that person, is guilty of a Class 4 felony. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for any person engaged in placing, posting, publishing, reproducing, or maintaining an Internet site to solicit or accept the payment of a fee or other consideration for removal of a person's private material or identifying information, which has been placed, posted, published, reproduced, or maintained on an Internet site without knowledge and consent of that person.
Who sponsors SB 2694?
SB 2694 is sponsored by Michael E. Hastings (Democrat), William "Will" Davis (Democrat), John D'Amico, Silvana Tabares, Sam Yingling, Thaddeus Jones (Democrat), Fred Crespo (Democrat), Monique D. Davis, Daniel V. Beiser, Kenneth Dunkin, Elaine Nekritz, Michael J. Zalewski, Anna Moeller (Democrat), Michelle Mussman (Democrat), Laura Fine (Democrat), Carol A. Sente, Jerry F. Costello, II, Mike Smiddy, Robyn Gabel (Democrat), Patrick J. Verschoore, Brandon W. Phelps, Jack D. Franks, La Shawn K. Ford, Stephanie A. Kifowit (Democrat), Deborah Conroy, Katherine Cloonen, Kathleen Willis, Natalie A. Manley (Democrat), Sue Scherer (Democrat), Martin J. Moylan, Mary E. Flowers, John D. Cavaletto, Norine Hammond, Kelly M. Cassidy (Democrat), Lou Lang, Christian L. Mitchell, Jaime M. Andrade, Jr. (Democrat), Sara Feigenholtz (Democrat), Chapa LaVia, Napoleon Harris III (Democrat), and Julie A. Morrison (Democrat).
What is the current status of SB 2694?
This bill died with 98th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2694?
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