Judiciary II - Criminal Law Committee
Filed: 3/13/2008
 
 

 




 

 		












09500HB4578ham001

LRB095 15947 DRJ 47637 a






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AMENDMENT TO HOUSE BILL 4578 




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    AMENDMENT NO. ______. Amend House Bill 4578  by replacing 
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the title with the following:

 
 
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    "Section 5. The Abused and Neglected Child Reporting Act is 
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amended  by adding Section 4.5 as follows:
 
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    (325 ILCS 5/4.5  new)
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    Sec. 4.5. Electronic and information technology workers; 
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reporting child pornography.
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    (a) In this Section:
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    "Child pornography" means child pornography as described 
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in Section 11-20.1 of the Criminal Code of 1961.
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    "Electronic and information technology equipment" means 
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equipment used in the creation, manipulation, storage, 
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display, or transmission of data, including internet and 
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intranet systems, software applications, operating systems, 
 


 






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video and multimedia, telecommunications products, kiosks, 
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information transaction machines, copiers, printers, and 
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desktop and portable computers. 
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    "Electronic and information technology equipment worker" 
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means a person who in the scope and course of his or her 
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employment or business installs, repairs, or otherwise 
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services electronic and information technology equipment for a 
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fee but does not include (i) an employee, independent 
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contractor, or other agent of a telecommunications carrier or 
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telephone or telecommunications cooperative, as those terms 
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are defined in the Public Utilities Act, or (ii) an employee, 
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independent contractor, or other agent of a provider of 
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commercial mobile radio service, as defined in 47 C.F.R. 20.3.
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    (b) If an electronic and information technology equipment 
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worker discovers any depiction of child pornography while 
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installing, repairing, or otherwise servicing an item of 
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electronic and information technology equipment, that worker 
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or the worker's employer shall immediately report the discovery 
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to the local law enforcement agency or to the Cyber Tipline at 
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the National Center for Missing & Exploited Children.
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    (c) If a report is filed in accordance with the 
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requirements of 42 U.S.C. 13032, the requirements of this 
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Section 4.5 will be deemed to have been met. 
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    (d) An electronic and information technology equipment 
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worker who reports a discovery of child pornography as required 
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under this Section is immune from any criminal, civil, or 
 


 






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administrative liability in connection with making the report, 
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except for willful or wanton misconduct.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".