Sen. Ira I. Silverstein
Filed: 3/10/2017
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 628
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 628 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Criminal Code of 2012 is amended by adding | ||||||
5 | Section 26-4.6 as follows: | ||||||
6 | (720 ILCS 5/26-4.6 new) | ||||||
7 | Sec. 26-4.6. Unauthorized visual recording. | ||||||
8 | (a) As used in this Section: | ||||||
9 | "Computer", "computer program", and "data" have
the | ||||||
10 | meanings ascribed to them in Section 17-0.5 of this Code. | ||||||
11 | "Depiction by computer" means a computer program
or | ||||||
12 | data that, after being processed by a computer either alone | ||||||
13 | or in conjunction with one or more computer programs, | ||||||
14 | results in a visual depiction on a computer monitor, | ||||||
15 | screen, or display. | ||||||
16 | "Disclose" means to sell, manufacture, give, provide, |
| |||||||
| |||||||
1 | lend, trade, mail, deliver, transfer, publish, distribute, | ||||||
2 | circulate, disseminate, present, exhibit, advertise, | ||||||
3 | offer, or otherwise
make available or make known to any | ||||||
4 | third party. | ||||||
5 | "Disseminate" means (1) to sell, distribute,
exchange, | ||||||
6 | or transfer possession, whether with or without | ||||||
7 | consideration or (2) to make a depiction by computer | ||||||
8 | available for distribution or downloading through the | ||||||
9 | facilities of any telecommunications network or through | ||||||
10 | any other means of transferring computer programs or data | ||||||
11 | to a computer. | ||||||
12 | (b) A person commits unauthorized visual recording when he | ||||||
13 | or she is present at a motor vehicle accident or other | ||||||
14 | emergency situation and knowingly photographs, films, | ||||||
15 | videotapes, records, or otherwise reproduces in any manner the | ||||||
16 | image of a human corpse or a person being provided medical care | ||||||
17 | or assistance, except for a legitimate law enforcement purpose, | ||||||
18 | public safety purpose, health care purpose, insurance purpose, | ||||||
19 | legal investigation or legal proceeding involving an injured or | ||||||
20 | deceased person, or under a court order. | ||||||
21 | (c) Sentence. A person who violates this Section is guilty | ||||||
22 | of a Class C misdemeanor for a first offense and a Class B | ||||||
23 | misdemeanor for a second or subsequent offense. ".
|