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Full Text of HB4262

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HB4262 - 104th General Assembly

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HB4262 Engrossed
LRB104 16636 JRC 30039 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Protecting Children from Hidden Cameras Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Child" means an unemancipated individual who is less than
8
18 years of age.
9

"Consent" means affirmative, conscious, and voluntary
10
authorization by an individual with legal capacity to give
11
authorization.
12

"Hidden camera" means a miniature or disguised recording
13
device that can record or film a person while that person has
14
no awareness that the device is present or being used.
15

"Hotel" means any building or buildings in which the
16
public may, for a consideration, obtain living quarters,
17
sleeping accommodations, or housekeeping accommodations. The
18
term includes inns, motels, tourist homes or courts, lodging
19
houses, rooming houses, apartment houses, retreat centers,
20
conference centers, hunting lodges, and short-term rentals.
21

"Hotel guest accommodations" means living quarters,
22
sleeping accommodations, housekeeping accommodations, or
23
private rooms or suites rented or occupied by a guest within a

HB4262 Engrossed
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LRB104 16636 JRC 30039 b
1
hotel, motel, or similar establishment that are intended for
2
the private use of guests. The term includes restrooms located
3
within or serving those accommodations. The term does not
4
include stairwells, corridors, laundry facilities, employee
5
areas, or other areas open to the general public in which there
6
is no reasonable expectation of privacy.
7

"Live video" means any real time or contemporaneous
8
electronic or digital transmission of a still or moving visual
9
image.
10

"Residence" includes a rental dwelling, but does not
11
include stairwells, corridors, laundry facilities, or
12
additional areas in which the general public has access.
13

"Video record" means any videotape, photograph, film, or
14
other electronic or digital recording of a still or moving
15
visual image.

16

Section 10.
Civil action.
17

(a) A cause of action is created for a child or the parent
18
or guardian of the child on behalf of the child if a person or
19
entity knowingly makes or transmits a video record of the
20
child using a concealed or disguised recording device, or
21
otherwise in a manner intended to avoid detection, without the
22
consent of the child's parent or guardian in any of the
23
following locations:
24

(1) A restroom, tanning bed, tanning salon, locker
25

room, changing room, or hotel guest accommodations.

HB4262 Engrossed
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LRB104 16636 JRC 30039 b
1

(2) A residence in which the child does not reside, in
2

an area or place within that residence in which a person
3

would reasonably expect privacy.
4

(b) This Section does not apply to any of the following:
5

(1) A parent or legal guardian of the child who is the
6

subject of the recording unless the parent's or legal
7

guardian's action is prohibited by a law other than this
8

Act.
9

(2) A recording made by law enforcement in the lawful
10

performance of official duties.
11

(3) A recording made in good faith in the reporting of
12

unlawful conduct.

13

Section 15.
Violation of Act is per se harmful.
A child who
14
proves by a preponderance of the evidence that a defendant
15
violated this Act against the child is considered obviously
16
and materially harmful to the child and is deemed to be per se
17
harmful and traumatic. A child does not need to present
18
additional evidence to prove the child was harmed, but the
19
child may present additional evidence to show the extent of
20
the harm. Nothing in this Section may be construed to state
21
that a child discovered the cause of action at any particular
22
time, or that a child realized that the child's damages were
23
related to the violation of this Act at any particular time.

24

Section 20.
Privacy of children.

HB4262 Engrossed
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LRB104 16636 JRC 30039 b
1

(a) In an action under this Act:
2

(1) a plaintiff may proceed by using a pseudonym in
3

place of the true name of the plaintiff under Section
4

2-401 of the Code of Civil Procedure; and
5

(2) the court may exclude or redact from all pleadings
6

and documents filed in the action other identifying
7

characteristics of the plaintiff.
8

(b) If a plaintiff uses a pseudonym as provided in this
9
Section, the plaintiff must file with the court and serve on
10
the defendant a confidential information form that includes
11
the excluded or redacted plaintiff's name and other
12
identifying characteristics.
13

(c) The court may make further orders as necessary to
14
protect the identity and privacy of a plaintiff.
15

(d) If a plaintiff is granted privacy protections under
16
this Section, a defendant may file a motion with the court to
17
receive the same privacy protections. The court may deny or
18
grant the motion at its discretion.

19

Section 25.
Remedies.
20

(a) In an action under this Act, a prevailing plaintiff
21
may recover:
22

(1) economic and noneconomic damages proximately
23

caused by the defendant's violation of this Act,
24

including, but not limited to, damages for emotional
25

distress whether or not accompanied by other damages;

HB4262 Engrossed
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LRB104 16636 JRC 30039 b
1

(2) punitive damages; and
2

(3) reasonable attorney's fees and costs to the
3

prevailing plaintiff.
4

(b) This Act does not affect or limit a right or remedy
5
available under any other law of this State.

6

Section 30.
Statute of limitations.
7

(a) An action under this Act may not be brought later than
8
2 years from the date the cause of action was discovered or
9
should have been discovered with the exercise of reasonable
10
diligence.
11

(b) Except as otherwise provided in subsection (c), this
12
Section is subject to the tolling statutes of this State.
13

(c) If a cause of action accrues for a violation of this
14
Act against a child, the time specified in subsection (a) of
15
this Section does not begin to run until the child becomes
16
emancipated or attains the age of majority.

17

Section 35.
Inspections for hidden cameras.
If a State
18
agency or unit of local government is required by law or
19
ordinance to inspect a restroom, tanning bed, tanning salon,
20
locker room, changing room, or hotel guest accommodations, the
21
State agency or unit of local government must also inspect for
22
hidden cameras.
23

If a hidden camera is discovered during an inspection
24
conducted by a State agency or unit of local government, the

HB4262 Engrossed
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LRB104 16636 JRC 30039 b
1
State agency or unit of local government must immediately
2
notify the appropriate law enforcement agency.
3

If a hidden camera is discovered outside of an inspection
4
conducted by a State agency or unit of local government, the
5
person or entity discovering the device must immediately
6
notify the appropriate law enforcement agency and preserve any
7
reasonably available evidence relating to the device until
8
collected by law enforcement or otherwise directed by law
9
enforcement.

10

Section 97.
Applicability.
This Act applies to causes of
11
action accruing on or after the effective date of this Act.

12

Section 99.
Effective date.
This Act takes effect upon
13
becoming law.

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