Rep. Brent Hassert
Filed: 3/31/2008
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 2860




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    AMENDMENT NO. ______. Amend House Bill 2860 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Criminal Code of 1961 is amended  by adding 
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Section 16D-8 as follows:
 
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    (720 ILCS 5/16D-8  new)
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    Sec. 16D-8. Internet evidence for law enforcement 
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investigations.
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    (a) An Interactive Computer Service, upon the request of a 
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law enforcement agency for an investigation of a possible sex 
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offense involving a child under 18 years of age shall take all 
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necessary steps to preserve records and other evidence in its 
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possession pending the issuance of an order or other legal 
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process. The Interactive Computer Service shall comply with the 
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request as soon as possible following receipt.
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    (b)  Records referred to in subsection (a) of this Section 
 


 






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shall be retained for a period of ninety days, which shall be 
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extended for an additional 90-day period upon a further request 
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of the law enforcement agency within the initial 90 day period.
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    (c)  An Interactive Computer Service shall, within 15 
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business days after receiving appropriate legal process 
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relating to an investigation of a possible sex offense 
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involving a child under 18 years of age shall provide 
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information identified in 18 U.S.C. 2703 that is in its 
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possession; except if the Interactive Computer Service 
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demonstrates to the requesting law enforcement agency that, for 
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bona fide technical or operational reasons, it cannot comply 
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with the order within 15 business days of the request, it shall 
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make every reasonable effort to comply with the request as soon 
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as reasonably possible.
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    (d)  In connection with any criminal investigation of a 
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possible sex offense involving a child under 18 years of age 
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that involves immediate danger of death or serious bodily harm, 
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a law enforcement agency in this State may issue a request, 
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without compulsory legal process or court order, to a 
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designated recipient of the Interactive Computer Service to 
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disclose, consistent with 18 U.S.C. 2702(b)(8) and 2702(c)(4), 
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the information identified in subsection (c) of this Section. 
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The Interactive Computer Service shall communicate with the 
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requesting agency to discuss the nature of the request and to 
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coordinate an appropriate response immediately and without 
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delay.
 


 






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    (e) Subsections (a), (b), (c), and (d) of this Section 
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shall be interpreted in a manner consistent with the 
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requirements of federal law that apply to providers of an 
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electronic communications service, including but not limited 
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to 18 U.S.C. 2701, et seq. and 42 U.S.C. 13032.".