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Sen. Ira I. Silverstein
Filed: 3/10/2017
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| 1 | | AMENDMENT TO SENATE BILL 628
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 628 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Criminal Code of 2012 is amended by adding |
| 5 | | Section 26-4.6 as follows:
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| 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, |
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| 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.".
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