Illinois 2025-2026 Regular Session

Illinois Senate Bill SB4038

Introduced
2/6/26  
Refer
2/6/26  
Refer
3/3/26  
Report Pass
5/6/26  
Engrossed
5/13/26  
Refer
5/14/26  
Refer
5/14/26  

Caption

UNAUTHORIZE VIDEO-PHOTO-COURT

Impact

The enactment of SB4038 will tighten regulations surrounding video recording in private spaces, potentially leading to significant changes in how privacy is enforced in various public and semi-public areas. The legislation sets forth penalties that range from misdemeanors to felonies, depending on the circumstances and the age of the victim. This means that offenders could face severe legal repercussions for violating the provisions set by this bill, thereby reinforcing adult and minor privacy rights across the state.

Summary

SB4038 is a legislative act that amends the Criminal Code of 2012, specifically targeting unauthorized video recording and transmission. The bill makes it unlawful for individuals to make or transmit video of another person without their consent in specific private settings, including restrooms, changing rooms, and hotel bedrooms. This law aims to enhance personal privacy by protecting individuals from unauthorized surveillance and recording in areas where they expect a high degree of privacy.

Sentiment

The sentiment surrounding SB4038 reflects a meaningful concern for individual privacy amongst supporters, who view the legislation as a necessary step towards safeguarding personal spaces from invasions through unauthorized video recording. However, there are also indications of apprehension regarding the potential implications for public accountability and transparency, particularly in settings like courthouses where videos might serve a public interest. Overall, the response from the community suggests a supportive consensus for enhanced privacy protections but with a hint of concern over civil liberties.

Contention

Notable points of contention may arise regarding the bill's exemptions for law enforcement and correctional officers. Critics argue that these exemptions could be misused to justify broader surveillance activities while failing to provide adequate safeguards for citizens. Additionally, the clarity of boundaries for what constitutes 'consent' in emergency situations or interactions within public facilities has raised eyebrows, suggesting that practical applications of the bill may generate further debate among civil rights advocates and law enforcement agencies.

Companion Bills

No companion bills found.

Previously Filed As

IL HB3729

VIDEO GAMING-VARIOUS

IL SB3222

VIDEO STREAMING AD VOLUME

IL HB4508

MARRIAGE LICENSE VIDEO APPEAR

IL HB3663

COURT OF CLAIMS-AWARDS

IL HB4428

COURT REMINDER NOTICES

IL SB3750

MENTAL HEALTH-COURT ORDERS

IL HB5329

MENTAL HEALTH-COURT ORDERS

IL HB4340

COURT OF CLAIMS-PROCEDURE

IL SB3325

MENOPAUSE CONTINUING ED COURSE

IL SB3583

EPA-PHOTOVOLTAIC DUMP

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PREVENTION WEEK