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SB4038 • 2026
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This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
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These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: Illinois General Assembly - Full Text of SB4038 Select Language × The Illinois General Assembly offers the Google Translate™ service for visitor convenience.
Sent to the Governor
Third Reading - Short Debate - Passed 100-000-000
Passed Both Houses
Added Alternate Co-Sponsor Rep. Matt Hanson
Added Alternate Co-Sponsor Rep. Michael Crawford
Added Alternate Co-Sponsor Rep. Yolonda Morris
Added Alternate Co-Sponsor Rep. Sharon Chung
Added Alternate Co-Sponsor Rep. Natalie A. Manley
Added Alternate Co-Sponsor Rep. Martha Deuter
Added Alternate Co-Sponsor Rep. Nicolle Grasse
Added Alternate Co-Sponsor Rep. Dave Vella
Added Alternate Co-Sponsor Rep. Kelly M. Cassidy
Added Alternate Co-Sponsor Rep. Michelle Mussman
Added Alternate Co-Sponsor Rep. Diane Blair-Sherlock
Added Alternate Co-Sponsor Rep. Ann M. Williams
Added Alternate Co-Sponsor Rep. Mary Beth Canty
Added Alternate Co-Sponsor Rep. Lilian Jiménez
Added Alternate Co-Sponsor Rep. Abdelnasser Rashid
Added Alternate Co-Sponsor Rep. Stephanie A. Kifowit
Added Alternate Co-Sponsor Rep. Camille Y. Lilly
Added Alternate Chief Co-Sponsor Rep. Joyce Mason
Added Alternate Co-Sponsor Rep. Kam Buckner
Added Alternate Co-Sponsor Rep. Michael J. Kelly
Added Alternate Co-Sponsor Rep. Rick Ryan
Second Reading - Short Debate
Placed on Calendar Order of 3rd Reading - Short Debate
Placed on Calendar 2nd Reading - Short Debate
Alternate Chief Sponsor Changed to Rep. Mary Gill
First Reading
Referred to Rules Committee
Added Alternate Co-Sponsor Rep. Angelica Guerrero-Cuellar
Assigned to Judiciary - Criminal Committee
Committee Deadline Extended-Rule 9(b) May 15, 2026
Motion Filed to Suspend Rule 21 Judiciary - Criminal Committee ; Rep. Marcus C. Evans, Jr.
Motion to Suspend Rule 21 - Prevailed 070-036-000
Do Pass / Short Debate Judiciary - Criminal Committee ; 013-000-000
Third Reading - Passed; 057-000-000
Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
Senate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
Added as Co-Sponsor Sen. Jason Plummer
Arrived in House
Chief House Sponsor Rep. Michelle Mussman
Second Reading
Placed on Calendar Order of 3rd Reading May 12, 2026
Senate Committee Amendment No. 3 Adopted
Do Pass as Amended Executive ; 013-000-000
Placed on Calendar Order of 2nd Reading May 7, 2026
Senate Committee Amendment No. 3 Assignments Refers to Executive
Senate Committee Amendment No. 3 Filed with Secretary by Sen. Laura M. Murphy
Senate Committee Amendment No. 3 Referred to Assignments
Rule 2-10 Committee/3rd Reading Deadline Established As May 15, 2026
Added as Co-Sponsor Sen. Napoleon Harris, III
Senate Committee Amendment No. 2 Assignments Refers to Executive
Senate Committee Amendment No. 2 Filed with Secretary by Sen. Laura M. Murphy
Senate Committee Amendment No. 2 Referred to Assignments
Senate Committee Amendment No. 1 Assignments Refers to Executive
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Laura M. Murphy
Senate Committee Amendment No. 1 Referred to Assignments
Rule 2-10 Committee Deadline Established As April 24, 2026
Rule 2-10 Committee Deadline Established As March 27, 2026
Assigned to Executive
Filed with Secretary by Sen. Laura M. Murphy
First Reading
Referred to Assignments
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Illinois General Assembly - Full Text of SB4038 Select Language × The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein. Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet. The English language version is always the official and authoritative version of this website. NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window. 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Full Text of SB4038 Home Legislation Full Text SB4038 - 104th General Assembly Bill Status Full Text Votes Witness Slips Select Menu Bill Status Full Text Votes Witness Slips Printer Friendly Version Introduced Engrossed Enrolled Senate Amendment 001 Senate Amendment 002 Senate Amendment 003 Printer Friendly Version Introduced Engrossed Enrolled Senate Amendment 001 Senate Amendment 002 Senate Amendment 003 Open PDF SB4038 Enrolled LRB104 19814 RLC 33264 b 1 AN ACT concerning criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 2012 is amended by 5 changing Section 26-4 as follows: 6 (720 ILCS 5/26-4) (from Ch. 38, par. 26-4) 7 Sec. 26-4. Unauthorized video recording and live video 8 transmission. 9 (a) It is unlawful for any person to knowingly make a video 10 record or transmit live video of another person without that 11 person's consent in a restroom, tanning bed, tanning salon, 12 locker room, changing room, or hotel bedroom. 13 (a-4) It is unlawful for any person to knowingly make a 14 video record, transmit live video of, or place or cause to be 15 placed a device that makes a video record or transmits live 16 video of another person whom the person knows to be a victim or 17 witness in any location inside of a State courthouse without 18 that person's consent or consent of the presiding judge, or 19 consent of an entity responsible for providing law enforcement 20 or security for a courthouse, provided that consent is 21 consistent with any order issued by the Supreme Court or the 22 presiding judge. An individual's consent to be recorded does 23 not supersede a judicial order prohibiting video recording. SB4038 Enrolled - 2 - LRB104 19814 RLC 33264 b 1 This subsection does not apply to video captured by the 2 courthouse security cameras or body cameras worn by law 3 enforcement officers. Nothing in this subsection shall be 4 construed to circumvent the provisions of the Open Meetings 5 Act. 6 (a-5) It is unlawful for any person to knowingly make a 7 video record or transmit live video of another person in that 8 other person's residence without that person's consent. 9 (a-6) It is unlawful for any person to knowingly make a 10 video record or transmit live video of another person in that 11 other person's residence without that person's consent when 12 the recording or transmission is taken or made outside that 13 person's residence by use of an audio or video device that 14 records or transmits from a remote location. 15 (a-10) It is unlawful for any person to knowingly make a 16 video record or transmit live video of another person's 17 intimate parts for the purpose of viewing the body of or the 18 undergarments worn by that other person without that person's 19 consent. For the purposes of this subsection (a-10), "intimate 20 parts" means the fully unclothed, partially unclothed, or 21 transparently clothed genitals, pubic area, anus, or if the 22 person is female, a partially or fully exposed nipple, 23 including exposure through transparent clothing. 24 (a-15) It is unlawful for any person to place or cause to 25 be placed a device that makes a video record or transmits a 26 live video in a restroom, tanning bed, tanning salon, locker SB4038 Enrolled - 3 - LRB104 19814 RLC 33264 b 1 room, changing room, or hotel bedroom with the intent to make a 2 video record or transmit live video of another person without 3 that person's consent. 4 (a-20) It is unlawful for any person to place or cause to 5 be placed a device that makes a video record or transmits a 6 live video with the intent to make a video record or transmit 7 live video of another person in that other person's residence 8 without that person's consent. 9 (a-25) It is unlawful for any person to, by any means, 10 knowingly disseminate, or permit to be disseminated, a video 11 record or live video that he or she knows to have been made or 12 transmitted in violation of (a), (a-4), (a-5), (a-6), (a-10), 13 (a-15), or (a-20). 14 (b) Exemptions. The following activities shall be exempt 15 from the provisions of this Section: 16 (1) The making of a video record or transmission of 17 live video by law enforcement officers pursuant to a 18 criminal investigation, which is otherwise lawful; 19 (2) The making of a video record or transmission of 20 live video by correctional officials for security reasons 21 or for investigation of alleged misconduct involving a 22 person committed to the Department of Corrections; and 23 (3) The making of a video record or transmission of 24 live video in a locker room by a reporter or news medium, 25 as those terms are defined in Section 8-902 of the Code of 26 Civil Procedure, where the reporter or news medium has SB4038 Enrolled - 4 - LRB104 19814 RLC 33264 b 1 been granted access to the locker room by an appropriate 2 authority for the purpose of conducting interviews. 3 (c) The provisions of this Section do not apply to any 4 sound recording or transmission of an oral conversation made 5 as the result of the making of a video record or transmission 6 of live video, and to which Article 14 of this Code applies. 7 (d) Sentence. 8 (1) A violation of subsection (a-15) , (a-4), or (a-20) 9 is a Class A misdemeanor. 10 (2) A violation of subsection (a), (a-5), (a-6), or 11 (a-10) is a Class 4 felony. 12 (3) A violation of subsection (a-25) is a Class 3 13 felony. 14 (4) A violation of subsection (a), (a-5), (a-6), 15 (a-10), (a-15) or (a-20) is a Class 3 felony if the victim 16 is a person under 18 years of age or if the violation is 17 committed by an individual who is required to register as 18 a sex offender under the Sex Offender Registration Act. 19 (5) A violation of subsection (a-25) is a Class 2 20 felony if the victim is a person under 18 years of age or 21 if the violation is committed by an individual who is 22 required to register as a sex offender under the Sex 23 Offender Registration Act. 24 (e) For purposes of this Section: 25 (0.05) "Courthouse" includes any local, county, or 26 State facility where court proceedings are held and court SB4038 Enrolled - 5 - LRB104 19814 RLC 33264 b 1 functions occur. 2 (1) "Residence" includes a rental dwelling, but does 3 not include stairwells, corridors, laundry facilities, or 4 additional areas in which the general public has access. 5 (2) "Video record" means and includes any videotape, 6 photograph, film, or other electronic or digital recording 7 of a still or moving visual image; and "live video" means 8 and includes any real-time or contemporaneous electronic 9 or digital transmission of a still or moving visual image. 10 (Source: P.A. 102-567, eff. 1-1-22 .) 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