(The Center Square) – Lawmakers advanced a proposal aimed at giving Illinois families new legal recourse when minors are secretly recorded in places where they expect privacy, adding a civil enforcement tool to an increasingly reported issue across the state.
House Bill 4262 creates a civil path for minors and their parents to sue people who illegally film minors without parental permission in certain private places.
Bill sponsor Rep. Curtis J. Tarver, D-Chicago, said while there are already criminal charges someone would face for the act, the bill allows families to seek relief for harm done to the victim.
“The general impetus of the bill is to protect children from there being hidden cameras in areas where they might reasonably expect privacy,” Tarver said.
Relief for damages is set by the bill at a maximum of $10,000 plus emotional damages and attorneys fees. The statute of limitations would be two years from the date the violation was discovered.
According to the bill, private spaces include restrooms, locker and changing rooms, tanning salons and beds, and spaces within hotels.
Additionally, the text leaves room for additional locations, saying it would cover any location not in a child’s home, where someone would “reasonably expect privacy.”
The committee unanimously passed the bill, despite minor concerns from Republicans.
Rep. Dan Ugaste, R-St. Charles, raised concerns over a portion of the bill pertaining to liability. He questioned whether or not the bill would automatically hold liable employers of offenders or owners of the location a camera is found.
Tarver said it would not, unless placement of a hidden camera was known by any of those parties.
“There was an article about a manager at a TJ Maxx who installed a camera in the dressing room. It would not be automatic that TJ Maxx has some strict liability,” Tarver said. “Now in some instances that [offending] individual may be the owner of the company as well.”
Ugaste also expressed worry that a different part of the bill – requiring local or state agencies to look for hidden cameras when otherwise inspecting a space – would potentially create a liability and expand duties for inspectors who aren’t trained to look for the cameras.
Tarver said inspectors would be protected by existing state protections.
“If they’re there, I would hope they’d look for them and and and point them out, but I’m just worried about the duty being created,” Ugaste said.
The bill is now expected to move to the House Floor for another reading.
