HB 5769

Abstract

Amends the Criminal Code of 2012. Creates the offense of unlawful photography of an assisted person by a first responder. Provides that a person commits the offense when he or she is a first responder who is dispatched to or is otherwise present at the scene of a motor vehicle accident or other emergency situation, for the purpose of providing medical care or other assistance, and knowingly photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of a person being provided medical care or other assistance, except in accordance with applicable rules, regulations, or operating procedures of the agency employing the first responder. Also prohibits the disclosure of the photograph, film, videotape, record, or other reproduction without the prior written consent of the person, or the person's next-of-kin if the person cannot provide consent, unless that disclosure was for a legitimate law enforcement, public safety, health care, or insurance purpose or under a court order. Provides that a violation is a Class B misdemeanor. Provides for a civil cause of action for violations.