HB 2971 — CRIM CD-VIDEOTAPING RESIDENCE

*LRB09808170RLC40874b* HB2971 98THEngrossed GENERALLRB098 ASSEMBLY08170 StateRLC of40874 Illinoisb andAN 2014ACT HB2971concerning bycriminal Rep.law.

Mike Smiddy SYNOPSIS AS INTRODUCED:

ILCS 5/26-4 from Ch.

38, par.

26-4 Amends the Criminal Code of 2012 concerning unauthorized video recording and live video transmission.

Provides that a person also commits the offense when he or she knowingly makes a video record or transmits live video of another person in a residential dwelling (rather than that other person's residence) without that person's consent.

Provides that if the defendant at the time of the commission of the offense was 18 years of age or over, the penalty is one class higher than if the offense was committed by a person under 18 years of age.

LRB098 08170 RLC 40874 b CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY A BILL FOR HB2971 LRB098 08170 RLC 40874 b AN ACT concerning criminal law.

HB2971 Engrossed - 2 - LRB098 08170 RLC 40874 b (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.

HB2971 Engrossed - 3 - LRB098 08170 RLC 40874 b (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;

(1) A violation of subsection (a-10), (a-15), or (a-20) is a Class A4 misdemeanorfelony ifA themisdemeanor. defendant was under 18 years of age at the time of the commission of the offense.

(2) A violation of subsection (a-10),(a), (a-15),(a-5), or (a-20)(a-6) is a Class 3 4 felonyfelony. if the defendant was 18 years of age or over at the time of the commission of the offense.

(2)(3) A violation of subsection (a),(a-25) (a-5), or (a-6) is a Class 42 felony3 iffelony. the defendant was under 18 years of age at the time of the commission of the offense.

(4) A violation of subsection (a), (a-5), (a-6), (a-10), (a-15) or (a-6)(a-20) is a Class 2 3 felony if the defendantvictim wasis a person under 18 years of age or overif atthe violation is committed by an individual who is required to register as a sex offender under the timeSex ofOffender HB2971 Engrossed - 4 - LRB098 08170 RLC 40874 b theRegistration commissionAct. of the offense.

(3)(5) A violation of subsection (a-25) is a Class 31 2 felony if the defendantvictim wasis a person under 18 years of age ator if the timeviolation ofis thecommitted commissionby ofan individual who is required to register as a sex offender under the offense.Sex Offender Registration Act.

A violation of subsection (a-25) is a Class 2 felony if the defendant was 18 years of age or over at the time of the commission of the offense.

(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 and the defendant was under 18 years of age at the time of the commission of the offense.

A violation of subsection (a), (a-5), (a-6), (a-10), (a-15) or (a-20) 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 and the defendant was 18 years of age or over at the time of the commission of the offense.

(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 and the defendant was under 18 years of age at the time of the commission of the offense.

HB2971 - 5 - LRB098 08170 RLC 40874 b A violation of subsection (a-25) is a Class 1 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 and the defendant was 18 years of age or over at the time of the commission of the offense.