SB 628

Abstract

Amends the Criminal Code of 2012. Creates the offense of unauthorized visual recording. Provides that a first responder commits the offense when he or she is present at a motor vehicle accident or other emergency situation for the purpose of providing public safety services or medical care or assistance and knowingly photographs, films, videotapes, records, or otherwise reproduces in any manner the image of a human corpse or a person being provided medical care or assistance, except for a legitimate law enforcement purpose, public safety purpose, health care purpose, insurance purpose, legal investigation or legal proceeding involving an injured or deceased person, or under a court order. Also, provides that a first responder commits the offense when he or she knowingly discloses any photograph, film, videotape, record, or other reproduction of the image of a human corpse or a person being provided medical care or assistance at the scene of a motor vehicle accident or other emergency situation photographed, filmed, videotaped, recorded, or otherwise reproduced by another person in the agency for which the first responder is employed without prior written consent of the injured person, the person's next-of-kin if the injured person cannot provide consent, or personal representative under law of a deceased person, unless the disclosure is for a legitimate law enforcement purpose, public safety purpose, health care purpose, insurance purpose, legal investigation or legal proceeding involving an injured or deceased person, or under a court order. Provides that a violation is a Class C misdemeanor for a first offense and a Class B misdemeanor for a second or subsequent offense.