Bill Status of HB 3477   95th General Assembly

Short Description:  INTERNET CRIMES

House Sponsors
Rep. Fred Crespo-Paul D. Froehlich-Mike Boland-Lou Lang-John E. Bradley, Susana A Mendoza, Richard T. Bradley, Jack D. Franks and Linda Chapa LaVia

Senate Sponsors
(Sen. John J. Millner-Dan Kotowski, Pamela J. Althoff-Linda Holmes and Antonio Munoz)


Last Action  View All Actions

DateChamber Action
  8/29/2008HousePublic Act . . . . . . . . . 95-0942

Statutes Amended In Order of Appearance
20 ILCS 2605/2605-560 new
30 ILCS 105/5.675 new
720 ILCS 5/11-25 new
720 ILCS 5/16D-5.4 was 720 ILCS 5/11-23
720 ILCS 5/16D-5.5 new
720 ILCS 5/16D-5.6 new
720 ILCS 135/2from Ch. 134, par. 16.5
730 ILCS 5/5-5-3from Ch. 38, par. 1005-5-3
730 ILCS 5/5-5-3.2from Ch. 38, par. 1005-5-3.2

Synopsis As Introduced
Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates in the Department of State Police the Internet Crimes Enforcement Unit to investigate criminal offenses committed by use of the Internet. Provides that the Department of State Police shall establish a toll-free hotline for members of the public to report alleged Internet crimes to be investigated by the Internet Crimes Enforcement Unit. Amends the State Finance Act. Creates the Internet Predator Investigation and Prosecution Fund in the State treasury. Amends the Criminal Code of 1961. Extends the prohibition of posting identifying information on an adult obscenity or child pornography site without the consent of the person to all Internet sites. Prohibits the use of encryption to commit or assist in committing a criminal offense. Prohibits contacting a child under 16 years of age by means of the Internet and the contact involves explicit verbal descriptions or narrative accounts of a sexual nature. Amends the Harassing and Obscene Communications Act and the Unified Code of Corrections. Provides enhanced penalties for harassment by electronic communications and child pornography. Provides that a defendant who commits a crime using the Internet shall be assessed an additional $200 fine which shall be deposited into the Internet Predator Investigation and Prosecution Fund and shall be used by the Illinois Child Exploitation Task Force to assist in the training, investigation, and prosecution of Internet crime.

House Amendment No. 1
Deletes reference to:
20 ILCS 2605/2605-560 new
720 ILCS 5/11-25 new

Deletes the amendatory changes to the Department of State Police Law and the amendatory provisions of the Criminal Code of 1961 creating the offense of computer pornography.

House Amendment No. 2
Deletes reference to:
30 ILCS 105/5.675 new
720 ILCS 5/16D-5.4
720 ILCS 5/16D-5.6 new
720 ILCS 135/2
730 ILCS 5/5-5-3

Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Provides that a person shall not knowingly use or attempt to use encryption, directly or indirectly, to: commit, facilitate, further, or promote any criminal offense; aid, assist, or encourage another person to commit any criminal offense; conceal evidence of the commission of any criminal offense; or conceal or protect the identity of a person who has committed any criminal offense. Provides that a person who violates this provision is guilty of a Class A misdemeanor, unless the encryption was used or attempted to be used to commit an offense for which a greater penalty is provided by law. Provides that if the encryption was used or attempted to be used to commit an offense for which a greater penalty is provided by law, the person shall be punished as prescribed by law for that offense. Amends the Unified Code of Corrections. Provides that it is an aggravating factor in sentencing that a person convicted of child pornography possessed 100 or more images.

Senate Committee Amendment No. 1
Provides that telecommunications carriers and information service providers are not liable under the amendatory provisions added to the Criminal Code of 1961 concerning unlawful use of encryption, except for willful and wanton misconduct, for providing encryption services used by others in violation of those amendatory provisions.

Actions 
DateChamber Action
  2/27/2007HouseFiled with the Clerk by Rep. Fred Crespo
  2/28/2007HouseFirst Reading
  2/28/2007HouseReferred to Rules Committee
  3/1/2007HouseAssigned to Judiciary II - Criminal Law Committee
  3/2/2007HouseAdded Chief Co-Sponsor Rep. Paul D. Froehlich
  3/2/2007HouseAdded Chief Co-Sponsor Rep. Mike Boland
  3/8/2007HouseAdded Chief Co-Sponsor Rep. Lou Lang
  3/8/2007HouseAdded Chief Co-Sponsor Rep. John E. Bradley
  3/22/2007HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/22/2007HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/22/2007HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
  3/22/2007HousePlaced on Calendar 2nd Reading - Short Debate
  4/27/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 3, 2007
  5/1/2007HouseHouse Amendment No. 2 Filed with Clerk by Rep. Fred Crespo
  5/1/2007HouseHouse Amendment No. 2 Referred to Rules Committee
  5/2/2007HouseSecond Reading - Short Debate
  5/2/2007HouseHeld on Calendar Order of Second Reading - Short Debate
  5/3/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 10, 2007
  5/7/2007HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 003-002-000
  5/10/2007HouseHouse Amendment No. 2 Adopted by Voice Vote
  5/10/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/10/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 18, 2007
  5/18/2007HouseFinal Action Deadline Extended-9(b) May 25, 2007
  5/23/2007HouseAdded Co-Sponsor Rep. Susana A Mendoza
  5/25/2007HouseRemoved from Short Debate Status
  5/25/2007HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  5/25/2007HouseThird Reading - Standard Debate - Passed 115-000-000
  5/25/2007HouseAdded Co-Sponsor Rep. Richard T. Bradley
  5/28/2007SenateArrive in Senate
  5/28/2007SenatePlaced on Calendar Order of First Reading May 29, 2007
  5/29/2007SenateChief Senate Sponsor Sen. John J. Millner
  5/30/2007SenateFirst Reading
  5/30/2007SenateReferred to Rules
  4/17/2008SenateAssigned to Judiciary Criminal Law
  5/8/2008SenatePostponed - Judiciary Criminal Law
  5/12/2008SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Millner
  5/12/2008SenateSenate Committee Amendment No. 1 Referred to Rules
  5/13/2008SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary Criminal Law
  5/13/2008SenateSenate Committee Amendment No. 1 Adopted
  5/13/2008SenateDo Pass as Amended Judiciary Criminal Law; 008-000-000
  5/13/2008SenatePlaced on Calendar Order of 2nd Reading
  5/13/2008SenateSecond Reading
  5/13/2008SenatePlaced on Calendar Order of 3rd Reading May 14, 2008
  5/20/2008SenateAdded as Alternate Chief Co-Sponsor Sen. Dan Kotowski
  5/20/2008SenateAdded as Alternate Chief Co-Sponsor Sen. Linda Holmes
  5/20/2008SenateAdded as Alternate Co-Sponsor Sen. Pamela J. Althoff
  5/20/2008SenateAdded as Alternate Co-Sponsor Sen. Antonio Munoz
  5/20/2008SenateThird Reading - Passed; 057-000-000
  5/21/2008HouseArrived in House
  5/21/2008HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/22/2008HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Fred Crespo
  5/22/2008HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/27/2008HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
  5/31/2008HouseAdded Co-Sponsor Rep. Jack D. Franks
  5/31/2008HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  5/31/2008HouseSenate Committee Amendment No. 1 House Concurs 114-000-000
  5/31/2008HousePassed Both Houses
  6/30/2008HouseSent to the Governor
  8/29/2008HouseGovernor Approved
  8/29/2008HouseEffective Date January 1, 2009
  8/29/2008HousePublic Act . . . . . . . . . 95-0942

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