Illinois 95th Regular Session Status: Enacted

SB 532 — CRIM CD-UNIDENTIFIED AUDIO

Last action — Public Act . . . . . . . . . 95-0485

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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 08, 2007. 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 Criminal Code of 1961 relating to the offense of the unlawful use of unidentified sound or audio visual recordings. Defines "manufacture" for purposes of the offense. Provides that when the offense involves more than 100 unidentified sound recordings or more than 7 unidentified audio visual recordings during any 180 day period, the trier of fact may infer (but is not required to infer) the existence of any of the mental states set forth for the offense. Effective immediately.

Bill Text

What changed in the latest version

8 added · 8 removed

Plain-language change summary

The bill SB 532 has made a minor but significant wording change by adding the word "the" before "medium" in the phrase regarding sound or visual image manufacturing. This change clarifies that the focus is on a specific medium for these sounds or images, which can help avoid ambiguity in the bill's application. Clearer language is important for ensuring everyone understands the law and how it should be implemented.

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Latest
SB0532 Engrossed LRB095 10832 RLC 31094 b AN ACT concerning criminal law.
SB0532 Enrolled LRB095 10832 RLC 31094 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 SB0532 Engrossed - 2 - LRB095 10832 RLC 31094 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 SB0532 Enrolled - 2 - LRB095 10832 RLC 31094 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.
SB0532 Engrossed - 3 - LRB095 10832 RLC 31094 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.
SB0532 Enrolled - 3 - LRB095 10832 RLC 31094 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.
The term manufacturer does not include a person who manufactures a medium upon which sounds or visual images can be recorded or stored, or who manufactures the cartridge or casing itself.
The term manufacturer does not include a person who manufactures the medium upon which sounds or visual images can be recorded or stored, or who manufactures the cartridge or casing itself.
and (2) If the offense involves more than 1,000 SB0532 Engrossed - 4 - LRB095 10832 RLC 31094 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 SB0532 Enrolled - 4 - LRB095 10832 RLC 31094 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, SB0532 Engrossed - 5 - LRB095 10832 RLC 31094 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, SB0532 Enrolled - 5 - LRB095 10832 RLC 31094 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.
(a) A person commits unlawful use of unidentified sound or audio visual recordings when he intentionally, knowingly, recklessly or negligently for profit manufactures, advertises or offers for sale, sells, distributes, transports, vends, circulates, performs, leases, or possesses for such purposes, or otherwise deals in and with unidentified sound or audio visual recordings or causes the manufacture, advertisement or offer for sale, sale, distribution, transportation, vending, circulation, performance, lease, or possession for such SB0532 Engrossed - 6 - LRB095 10832 RLC 31094 b purposes, or other dealing in and with unidentified sound or audio visual recordings.
(a) A person commits unlawful use of unidentified sound or audio visual recordings when he intentionally, knowingly, recklessly or negligently for profit manufactures, advertises or offers for sale, sells, distributes, transports, vends, circulates, performs, leases, or possesses for such purposes, or otherwise deals in and with unidentified sound or audio visual recordings or causes the manufacture, advertisement or offer for sale, sale, distribution, transportation, vending, circulation, performance, lease, or possession for such SB0532 Enrolled - 6 - LRB095 10832 RLC 31094 b purposes, or other dealing in and with unidentified sound or audio visual recordings.
The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized sound SB0532 Engrossed - 7 - LRB095 10832 RLC 31094 b or audio visual recordings corresponding to the non-conforming recorded devices involved in the offense, and shall include investigative costs relating to the offense.
The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized sound SB0532 Enrolled - 7 - LRB095 10832 RLC 31094 b or audio visual recordings corresponding to the non-conforming recorded devices involved in the offense, and shall include investigative costs relating to the offense.
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Action History

  1. Public Act . . . . . . . . . 95-0485

  2. Effective Date January 1, 2008

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 057-000-000

  7. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 007-000-000

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

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

  10. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton

  11. Placed on Calendar Order of Concurrence House Amendment(s) 01 - May 31, 2007

  12. Secretary's Desk - Concurrence House Amendment(s) 01

  13. Third Reading - Short Debate - Passed 116-000-000

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

  15. Second Reading - Short Debate

  16. Placed on Calendar 2nd Reading - Short Debate

  17. Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 013-000-000

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

  19. House Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee

  20. Assigned to Judiciary II - Criminal Law Committee

  21. Added Alternate Chief Co-Sponsor Rep. Edward J. Acevedo

  22. Referred to Rules Committee

  23. First Reading

  24. Chief House Sponsor Rep. Robert S. Molaro

  25. Placed on Calendar Order of First Reading

  26. Arrived in House

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

  28. Placed on Calendar Order of 3rd Reading March 21, 2007

  29. Second Reading

  30. Placed on Calendar Order of 2nd Reading March 15, 2007

  31. Do Pass as Amended Judiciary Criminal Law; 008-000-000

  32. Senate Committee Amendment No. 1 Adopted

  33. Senate Committee Amendment No. 1 Rules Refers to Judiciary Criminal Law

  34. Senate Committee Amendment No. 1 Referred to Rules

  35. Senate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton

  36. Postponed - Judiciary Criminal Law

  37. Assigned to Judiciary Criminal Law

  38. Referred to Rules

  39. First Reading

  40. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • John J. Cullerton · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • John J. Cullerton

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 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 47002
Democrat 9000
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Lauzen — Yea
Luechtefeld — Yea
Meeks — Yea
Millner — Yea
Brady — Yea
Noland — Yea
Pankau — Yea
Peterson — Yea
Radogno — Yea
Sullivan — Yea
Munoz — Yea
Schoenberg — Yea
Sieben — Yea
Trotter — Yea
Cullerton — Yea
Jacobs — Yea
Viverito — Yea
Jones, J. — Yea
Wilhelmi — Yea
Demuzio — Yea
Watson — Not Voting
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Hendon — Not Voting
Hultgren — Yea
Kotowski — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Silverstein — Yea
Link — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Garrett — 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
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 116 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 103002
Republican 4000
Democrat 9000
Total 116002
% of votes cast 98%0%0%2%
How each member voted (118)
Member Party Vote
Jefferies — Yea
Jefferson — Yea
Osmond — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
Mathias — Yea
McAuliffe — Yea
Reitz — Yea
McCarthy — Yea
Mendoza — Yea
Lyons — Yea
Meyer — Yea
Moffitt — Yea
Mulligan — Yea
Schock — Yea
Scully — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Burke — Yea
Sullivan — Yea
Hannig — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Granberg — Yea
Hamos — Yea
Harris — Yea
Hernandez — Yea
Madigan — Yea
Munson — Yea
Myers — Yea
Watson — Yea
Howard — Yea
Nekritz — Yea
Osterman — Yea
Patterson — Not Voting
Pihos — Yea
Davis, Monique — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Coladipietro — Yea
Cole — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Graham — Not Voting
Hassert — Yea
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Coulson — Yea
Molaro — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 48001
Democrat 7002
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Hultgren — Yea
Forby — Yea
Lauzen — Yea
Link — Yea
Maloney — Yea
Brady — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Peterson — Yea
Radogno — Yea
Sullivan — Yea
Munoz — Yea
Schoenberg — Yea
Sieben — Yea
Silverstein — Yea
Trotter — Yea
Cullerton — Yea
Jacobs — Yea
Viverito — Yea
Watson — Yea
Jones, J. — Yea
Wilhelmi — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Kotowski — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Not Voting
Rutherford — Yea
Sandoval — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Eva-Dina Delgado Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety technology
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Frequently asked questions

What does SB 532 do?
Amends the Criminal Code of 1961 relating to the offense of the unlawful use of unidentified sound or audio visual recordings. Defines "manufacture" for purposes of the offense. Provides that when the offense involves more than 100 unidentified sound recordings or more than 7 unidentified audio visual recordings during any 180 day period, the trier of fact may infer (but is not required to infer) the existence of any of the mental states set forth for the offense. Effective immediately.
Who sponsors SB 532?
SB 532 is sponsored by John J. Cullerton.
What is the current status of SB 532?
This bill has been enacted into law. Introduced February 08, 2007. Enacted.
Where can I track SB 532?
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