Illinois 93rd Regular Session Status: Passed Senate 3 D cosponsors

SB 3130 — CRIM CD-UNAUTHOR VIDEOTAPING

Last action — Session Sine Die

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

This bill died with 93rd 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 1961. Includes in the offense of unauthorized videotaping, electronically recording or electronically surveilling another person without that person's consent in a private place. Provides that it is unlawful for any person to place or cause to be placed an electronic video surveillance device in a restroom, tanning bed, tanning salon, locker room, changing room, hotel bedroom, or any other private place, with the intent to electronically record, electronically surveil, videotape, photograph, or film another person without that person's consent. Provides that it is unlawful for any person to place or cause to be placed an electronic video surveillance device in another person's residence without that person's consent, with the intent to secretly electronically record, electronically surveil, videotape, photograph, or film another person without that person's consent. Increases the penalties for the offense from a Class A misdemeanor to a Class 4 felony and if the images are disseminated from a Class 4 felony to a Class 3 felony. Provides that if the person electronically recorded, electronically surveilled, videotaped, photographed, or filmed is under 18 years of age, the penalty is a Class 2 felony. Effective January 1, 2005.

Bill Text

What changed in the latest version

86 added · 109 removed

Plain-language change summary

The updated version of SB 3130 now specifically makes it illegal to record or transmit video of someone in private spaces, like restrooms or hotel rooms, without their consent. It also includes stronger penalties for offenders, raising the consequences from misdemeanors to felonies, especially if the victim is a minor. This change is significant because it enhances legal protections for individuals' privacy rights in sensitive areas, aiming to deter invasive behaviors and bolster consequences for those who violate these laws.

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SB3130 *LRB09318369RLC46570b* 93RD GENERAL ASSEMBLY State of Illinois and 2004 Introduced 2/6/2004, by Don Harmon SYNOPSIS AS INTRODUCED:
SB3130 Engrossed LRB093 18369 RLC 46570 b AN ACT concerning criminal law.
ILCS 5/26-4 from Ch.
38, par.
26-4 Amends the Criminal Code of 1961.
Includes in the offense of unauthorized videotaping, electronically recording or electronically surveilling another person without that person’s consent in a private place.
Provides that it is unlawful for any person to place or cause to be placed an electronic video surveillance device in a restroom, tanning bed, tanning salon, locker room, changing room, hotel bedroom, or any other private place, with the intent to electronically record, electronically surveil, videotape, photograph, or film another person without that person’s consent.
Provides that it is unlawful for any person to place or cause to be placed an electronic video surveillance device in another person’s residence without that person’s consent, with the intent to secretly electronically record, electronically surveil, videotape, photograph, or film another person without that person’s consent.
Increases the penalties for the offense from a Class A misdemeanor to a Class 4 felony and if the images are disseminated from a Class 4 felony to a Class 3 felony.
Provides that if the person electronically recorded, electronically surveilled, videotaped, photographed, or filmed is under 18 years of age, the penalty is a Class 2 felony.
Effective January 1, 2005.
LRB093 18369 RLC 46570 b CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY A BILL FOR SB3130 LRB093 18369 RLC 46570 b AN ACT concerning criminal law.
Unauthorized electronic recording or surveillance videotaping.
Unauthorized video recording and live video transmission videotaping.
(a) It is unlawful for any person to knowingly electronically record, electronically surveil, videotape, photograph, or film another person without that person’s consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom, or any other private place.
(a) It is unlawful for any person to knowingly make a video record or transmit live video of videotape, photograph, or film 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 and secretly electronically record, electronically surveil, videotape, photograph, or film another person in the other person’s residence without that person’s consent.
(a-5) It is unlawful for any person to knowingly make a video record or transmit live video of and secretly videotape, photograph, or film another person in that the other person’s residence without that person’s consent.
(a-10) It is unlawful for any person, using a concealed camcorder, or photographic camera, or electronic video surveillance device of any type, to knowingly and secretly videotape, photograph, film, or record by electronic means, 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-10) It is unlawful for any person, using a concealed camcorder or photographic camera of any type, to knowingly make a video record or transmit live video of and secretly videotape, photograph, or record by electronic means, 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 an electronic video surveillance device in a restroom, tanning bed, tanning salon, locker room, changing room, hotel bedroom, or any other private place, with the intent to electronically record, electronically surveil, videotape, photograph, or film another 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.
SB3130 - 2 - LRB093 18369 RLC 46570 b (a-20) It is unlawful for any person to place or cause to be placed an electronic video surveillance device in another person’s residence without that person’s consent, with the intent to secretly electronically record, electronically surveil, videotape, photograph, or film 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 SB3130 Engrossed - 2 - LRB093 18369 RLC 46570 b 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 subsection (a), (a-5), (a-10), (a-15), or (a-20).
(1) Electronically recording, electronically surveilling, videotaping Videotaping, photographing, and filming by law enforcement officers pursuant to a criminal investigation, which is otherwise lawful;
(1) The making of a video record or transmission of live video Videotaping, photographing, and filming by law enforcement officers pursuant to a criminal investigation, which is otherwise lawful;
(2) Electronically recording, electronically surveilling, videotaping Videotaping, photographing, and filming by correctional officials for security reasons or for investigation of alleged misconduct involving a person committed to the Department of Corrections.
(2) The making of a video record or transmission of live video Videotaping, photographing, and filming by correctional officials for security reasons or for investigation of alleged misconduct involving a person committed to the Department of Corrections.
(c) The provisions of this Section do not apply to any sound recording of an oral conversation made as the result of the videotaping or filming, and to which Article 14 of this Code applies.
(3) The making of a video record or transmission of 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-5) In this Section:
(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 videotaping or filming, and to which Article 14 of this Code applies.
"Electronic video surveillance device" means any device or apparatus that can be used to record, capture, or display still or moving visual images.
"Private place" means a place where a reasonable person would expect to be safe from casual or hostile intrusion or surveillance.
"Private place" does not include a place to which the public or a substantial group of the public has access.
"Surveil" or "surveillance" means to secretly visually observe the activities of another person for the purpose of spying upon and invading upon the privacy of the person observed.
(1) A violation of subsection (a), (a-5), or (a-10), (a-15), or (a-20) is a Class 4 felony A misdemeanor.
(1) A violation of subsection (a), (a-5), or (a-10), (a-15), or (a-20) is a Class A misdemeanor.
SB3130 - 3 - LRB093 18369 RLC 46570 b (2) A person who, by any means, knowingly disseminates or permits the dissemination to another person of an electronic recording, video image, a videotape, photograph, or film in violation of subsection (a), (a-5), or (a-10), (a-15), or (a-20) is guilty of a Class 3 4 felony.
(2) A violation of subsection (a-5) is a Class 4 felony.
(3) A violation of subsection (a), (a-5), (a-10), (a-15), or (a-20) when the person electronically recorded, electronically surveilled, videotaped, photographed, or filmed is a minor under 18 years of age is a Class 2 felony.
(3) A violation of subsection (a-25) is a Class 3 SB3130 Engrossed - 3 - LRB093 18369 RLC 46570 b felony.
(4) A violation of subsection (a), (a-5), (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.
(2) A person who, by any means, knowingly disseminates or permits the dissemination to another person of a videotape, photograph, or film in violation of subsection (a), (a-5), or (a-10) is guilty of a Class 4 felony.
(e) For purposes of this Section, "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.
7-12-01.) Section 99.
7-12-01.)
Effective date.
This Act takes effect January 1, 2005.
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Action History

  1. Session Sine Die

  2. Added Alternate Co-Sponsor Rep. Michael K. Smith

  3. Added Alternate Co-Sponsor Rep. Charles G. Morrow, III

  4. Added Alternate Co-Sponsor Rep. David E. Miller

  5. Added Alternate Co-Sponsor Rep. Annazette Collins

  6. Added Alternate Co-Sponsor Rep. Cynthia Soto

  7. Added Alternate Co-Sponsor Rep. Ricca Slone

  8. Added Alternate Co-Sponsor Rep. Robin Kelly

  9. Added Alternate Co-Sponsor Rep. Kevin Joyce

  10. Added Alternate Co-Sponsor Rep. Eddie Washington

  11. Added Alternate Co-Sponsor Rep. Steve Davis

  12. Added Alternate Co-Sponsor Rep. Joseph M. Lyons

  13. Added Alternate Co-Sponsor Rep. Karen May

  14. Added Alternate Co-Sponsor Rep. Mike Boland

  15. Added Alternate Co-Sponsor Rep. William J. Grunloh

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

  17. Added Alternate Co-Sponsor Rep. John E. Bradley

  18. Added Alternate Co-Sponsor Rep. Robert F. Flider

  19. Added Alternate Co-Sponsor Rep. Lisa M. Dugan

  20. Added Alternate Co-Sponsor Rep. Naomi D. Jakobsson

  21. Added Alternate Co-Sponsor Rep. Careen Gordon

  22. Added as Co-Sponsor Sen. Kimberly A. Lightford

  23. Added as Co-Sponsor Sen. James A. DeLeo

  24. Added Alternate Chief Co-Sponsor Rep. Kathleen A. Ryg

  25. Added Alternate Chief Co-Sponsor Rep. Paul D. Froehlich

  26. Referred to Rules Committee

  27. First Reading

  28. Chief House Sponsor Rep. John J. Millner

  29. Placed on Calendar Order of First Reading

  30. Arrived in House

  31. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  32. Third Reading - Passed; 056-000-000

  33. Placed on Calendar Order of 3rd Reading March 25, 2004

  34. Senate Floor Amendment No. 2 Adopted; Harmon

  35. Second Reading

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

  37. Added as Chief Co-Sponsor Sen. Ira I. Silverstein

  38. Sponsor Removed Sen. Ira I. Silverstein

  39. Senate Floor Amendment No. 2 Be Adopted Judiciary; 009-000-000

  40. Added as Co-Sponsor Sen. Ira I. Silverstein

  41. Added as Co-Sponsor Sen. Debbie DeFrancesco Halvorson

  42. Added as Co-Sponsor Sen. Iris Y. Martinez

  43. Added as Co-Sponsor Sen. Antonio Munoz

  44. Added as Chief Co-Sponsor Sen. Kirk W. Dillard

  45. Added as Co-Sponsor Sen. M. Maggie Crotty

  46. Senate Floor Amendment No. 2 Rules Refers to Judiciary

  47. Senate Floor Amendment No. 2 Referred to Rules

  48. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon

  49. Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Rules

  50. Placed on Calendar Order of 2nd Reading March 2, 2004

  51. Do Pass Judiciary; 010-000-000

  52. Added as Chief Co-Sponsor Sen. Jeffrey M. Schoenberg

  53. Postponed - Judiciary

  54. Senate Committee Amendment No. 1 Rules Refers to Judiciary

  55. Senate Committee Amendment No. 1 Referred to Rules

  56. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon

  57. Assigned to Judiciary

  58. Referred to Rules

  59. First Reading

  60. Filed with Secretary by Sen. Don Harmon

Sponsors

  • Don Harmon · Cosponsor
  • Careen Gordon · Cosponsor
  • Naomi D. Jakobsson · Cosponsor
  • Lisa M. Dugan · Cosponsor
  • Robert F. Flider · Cosponsor
  • John E. Bradley · Cosponsor
  • Brandon W. Phelps · Cosponsor
  • William J. Grunloh · Cosponsor
  • Mike Boland · Cosponsor
  • Karen May · Cosponsor
  • Joseph M. Lyons · Cosponsor
  • Steve Davis · Cosponsor
  • Eddie Washington · Cosponsor
  • Robin Kelly · Cosponsor
  • Ricca Slone · Cosponsor
  • Cynthia Soto · Cosponsor
  • David E. Miller · Cosponsor
  • III Charles G. Morrow · Cosponsor
  • Michael K. Smith · Cosponsor
  • Lakesia Collins · Cosponsor
  • Patrick J. Joyce · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 21 co-sponsors · 162 not signed on

Sponsors (0)

None.

Co-sponsors (21)

  • Don Harmon Democrat
  • Careen Gordon
  • Naomi D. Jakobsson
  • Lisa M. Dugan
  • Robert F. Flider
  • John E. Bradley
  • Brandon W. Phelps
  • William J. Grunloh
  • Mike Boland
  • Karen May
  • Joseph M. Lyons
  • Steve Davis
  • Eddie Washington
  • Robin Kelly
  • Ricca Slone
  • Cynthia Soto
  • David E. Miller
  • Charles G. Morrow, III
  • Michael K. Smith
  • Lakesia Collins Democrat
  • Patrick J. Joyce Democrat

Not signed on (162)

162 members have not signed on to this bill.

Show all 162 →

"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 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 49002
Democrat 7000
Republican 0001
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Silverstein — Yea
Soden — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Clayborne — Yea
Cronin — Not Voting
DeLeo — Yea
Garrett — Yea
Geo-Karis — Yea
Halvorson — Yea
Obama — Yea
Meeks — Yea
Sieben — Yea
Munoz — Yea
Brady — Yea
Sullivan, D. — Yea
Haine — Yea
Sullivan, J. — Yea
Petka — Yea
Lauzen — Yea
Jacobs — Yea
Jones, J. — Yea
Luechtefeld — Yea
Jones, W. — Yea
Cullerton — Yea
Watson — Yea
Maloney — Yea
Demuzio — Not Voting
Schoenberg — Yea
Shadid — Yea
Trotter — Yea
Viverito — Yea
Winkel — Yea
Crotty — Yea
Dillard — Yea
Forby — Yea
Hendon — Yea
Wojcik — Yea
Peterson — Yea
Radogno — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 3130 do?
Amends the Criminal Code of 1961. Includes in the offense of unauthorized videotaping, electronically recording or electronically surveilling another person without that person's consent in a private place. Provides that it is unlawful for any person to place or cause to be placed an electronic video surveillance device in a restroom, tanning bed, tanning salon, locker room, changing room, hotel bedroom, or any other private place, with the intent to electronically record, electronically surveil, videotape, photograph, or film another person without that person's consent. Provides that it is unlawful for any person to place or cause to be placed an electronic video surveillance device in another person's residence without that person's consent, with the intent to secretly electronically record, electronically surveil, videotape, photograph, or film another person without that person's consent. Increases the penalties for the offense from a Class A misdemeanor to a Class 4 felony and if the images are disseminated from a Class 4 felony to a Class 3 felony. Provides that if the person electronically recorded, electronically surveilled, videotaped, photographed, or filmed is under 18 years of age, the penalty is a Class 2 felony. Effective January 1, 2005.
Who sponsors SB 3130?
SB 3130 is sponsored by Don Harmon (Democrat), Careen Gordon, Naomi D. Jakobsson, Lisa M. Dugan, Robert F. Flider, John E. Bradley, Brandon W. Phelps, William J. Grunloh, Mike Boland, Karen May, Joseph M. Lyons, Steve Davis, Eddie Washington, Robin Kelly, Ricca Slone, Cynthia Soto, David E. Miller, Charles G. Morrow, III, Michael K. Smith, Lakesia Collins (Democrat), and Patrick J. Joyce (Democrat).
What is the current status of SB 3130?
This bill died with 93rd 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 3130?
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