093_HB0014ham003
LRB093 02624 RLC 12092 a
1 AMENDMENT TO HOUSE BILL 14
2 AMENDMENT NO. . Amend House Bill 14, AS AMENDED, as
3 follows:
4 by replacing everything after the enacting clause with the
5 following:
6 "Section 5. The Criminal Code of 1961 is amended by
7 changing Section 11-20.2 as follows:
8 (720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2)
9 Sec. 11-20.2. Images of child pornography.
10 (a) Any commercial film and photographic print processor
11 or person whose principal business is to service or repair
12 computers who has knowledge of or observes, within the scope
13 of his or her professional capacity or employment, any film,
14 photograph, videotape, negative, or slide, or computer image
15 which depicts a child whom the processor or person whose
16 principal business is to service or repair computers
17 determines knows or reasonably should know to be under the
18 age of 18 where such child is:
19 (i) actually or by simulation engaged in any act of
20 sexual intercourse with any person or animal; or
21 (ii) actually or by simulation engaged in any act of
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1 sexual contact involving the sex organs of the child and the
2 mouth, anus, or sex organs of another person or animal; or
3 which involves the mouth, anus or sex organs of the child and
4 the sex organs of another person or animal; or
5 (iii) actually or by simulation engaged in any act of
6 masturbation; or
7 (iv) actually or by simulation portrayed as being the
8 object of, or otherwise engaged in, any act of lewd fondling,
9 touching, or caressing involving another person or animal; or
10 (v) actually or by simulation engaged in any act of
11 excretion or urination within a sexual context; or
12 (vi) actually or by simulation portrayed or depicted as
13 bound, fettered, or subject to sadistic, masochistic, or
14 sadomasochistic abuse in any sexual context; shall report
15 such instance to an appropriate State, local, or federal law
16 enforcement agency or to a federal law enforcement agency as
17 defined under 18 U.S.C. 2252. For the purposes of this
18 Section, actual notice shall mean written or electronic
19 notification received by the appropriate department of the
20 Interactive computer service provider a peace officer
21 immediately or as soon as possible. Failure to make such
22 report is shall be a petty business offense with a fine of
23 $1,000.
24 (a-5) A commercial computer technician, management
25 information technician, or Interactive computer service
26 employee shall be forever held harmless from any civil
27 liability for his or her reasonable compliance with the
28 provisions of the Section, except for willful and wanton
29 behavior.
30 (b) In this Section:
31 "Computer" has the meaning ascribed to it in Section
32 16D-2 of this Code.
33 "Internet" means the international computer network of
34 both federal and non-federal interoperable packet switched
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1 data networks, and also includes, but is not limited to, a
2 World Wide Web page, newsgroup, message board, mailing list,
3 or chat area on any interactive computer service or system or
4 other online service.
5 "Interactive computer service" means any service whose
6 principal business is to provide or enable computer access
7 via the Internet by multiple users to a computer server or
8 similar device used for storage of graphic, video, or images.
9 (Source: P.A. 84-1280.)".