Judiciary II - Criminal Law Committee
Filed: 3/13/2008
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1 | AMENDMENT TO HOUSE BILL 4578
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2 | AMENDMENT NO. ______. Amend House Bill 4578 by replacing | ||||||
3 | the title with the following:
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4 | "Section 5. The Abused and Neglected Child Reporting Act is | ||||||
5 | amended by adding Section 4.5 as follows: | ||||||
6 | (325 ILCS 5/4.5 new) | ||||||
7 | Sec. 4.5. Electronic and information technology workers; | ||||||
8 | reporting child pornography. | ||||||
9 | (a) In this Section: | ||||||
10 | "Child pornography" means child pornography as described | ||||||
11 | in Section 11-20.1 of the Criminal Code of 1961. | ||||||
12 | "Electronic and information technology equipment" means | ||||||
13 | equipment used in the creation, manipulation, storage, | ||||||
14 | display, or transmission of data, including internet and | ||||||
15 | intranet systems, software applications, operating systems, |
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1 | video and multimedia, telecommunications products, kiosks, | ||||||
2 | information transaction machines, copiers, printers, and | ||||||
3 | desktop and portable computers. | ||||||
4 | "Electronic and information technology equipment worker" | ||||||
5 | means a person who in the scope and course of his or her | ||||||
6 | employment or business installs, repairs, or otherwise | ||||||
7 | services electronic and information technology equipment for a | ||||||
8 | fee but does not include (i) an employee, independent | ||||||
9 | contractor, or other agent of a telecommunications carrier or | ||||||
10 | telephone or telecommunications cooperative, as those terms | ||||||
11 | are defined in the Public Utilities Act, or (ii) an employee, | ||||||
12 | independent contractor, or other agent of a provider of | ||||||
13 | commercial mobile radio service, as defined in 47 C.F.R. 20.3. | ||||||
14 | (b) If an electronic and information technology equipment | ||||||
15 | worker discovers any depiction of child pornography while | ||||||
16 | installing, repairing, or otherwise servicing an item of | ||||||
17 | electronic and information technology equipment, that worker | ||||||
18 | or the worker's employer shall immediately report the discovery | ||||||
19 | to the local law enforcement agency or to the Cyber Tipline at | ||||||
20 | the National Center for Missing & Exploited Children. | ||||||
21 | (c) If a report is filed in accordance with the | ||||||
22 | requirements of 42 U.S.C. 13032, the requirements of this | ||||||
23 | Section 4.5 will be deemed to have been met. | ||||||
24 | (d) An electronic and information technology equipment | ||||||
25 | worker who reports a discovery of child pornography as required | ||||||
26 | under this Section is immune from any criminal, civil, or |
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1 | administrative liability in connection with making the report, | ||||||
2 | except for willful or wanton misconduct.
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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