Bill Status of HB5469  95th General Assembly

Short Description:  CRIMINAL LAW-TECH

House Sponsors
Rep. John E. Bradley - Jack D. Franks - Daniel V. Beiser - Patrick J Verschoore - Thomas Holbrook, Fred Crespo, Elizabeth Hernandez, Careen M Gordon, Lisa M. Dugan, Dennis M. Reboletti, Chapin Rose, Robert Rita, Jack McGuire, Mike Boland, Naomi D. Jakobsson and Robert F. Flider

Senate Sponsors
(Sen. A. J. Wilhelmi)

Last Action
DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
720 ILCS 5/1-1from Ch. 38, par. 1-1


Synopsis As Introduced
Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the short title.

House Committee Amendment No. 1
Deletes reference to:
720 ILCS 5/1-1
Adds reference to:
New Act
720 ILCS 5/11-20.2from Ch. 38, par. 11-20.2
730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1

Replaces everything after the enacting clause. Creates the Illinois Child Online Exploitation Reporting Act. Provides that any entity, while engaged in providing an electronic communication service or a remote computing service to the public, must provide the following information to the Cyber Tip Line at the National Center for Missing and Exploited Children in order to facilitate the required reporting of child pornography crimes under federal law. Establishes civil penalties for violations. Amends the Criminal Code of 1961. Provides that the duty to report child pornography to a peace officer applies to computer technicians. Adds additional forms of child pornography that film and photographic print processors and computer technicians must report to peace officers. Amends the Unified Code of Corrections. Provides that the mandatory supervised release term of a defendant who commits the offense of aggravated child pornography, manufacture of child pornography, or dissemination of child pornography after January 1, 2009 shall range from a minimum of 3 years to a maximum of the natural life of the defendant.

House Floor Amendment No. 3
Adds reference to:
730 ILCS 5/3-3-7from Ch. 38, par. 1003-3-7
730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
(730 ILCS 5/5-6-3.1from Ch. 38, par. 1005-6-3.1

Provides that commercial film and photographic film processors shall report or cause a report to be made to the local law enforcement agency of the jurisdiction in which the image or images of child pornography are discovered. Provides that computer technicians shall report or cause the report to be made to the local law enforcement agency of the jurisdiction in which the image or images of child pornography are discovered or to the Illinois Child Exploitation e-Tipline at reportchildporn@atg.state.il.us. Provides that a computer technician or an employer caused to report child pornography is immune from any criminal, civil, or administrative liability in connection with making the report, except for willful or wanton misconduct. Further amends the Unified Code of Corrections. Prohibits a sex offender who commits the offense of indecent solicitation of a child, sexual exploitation of a child, soliciting for a juvenile prostitute, child pornography, aggravated child pornography, or distributing harmful material to a minor, or an attempt to commit any of these offenses as a condition of parole, mandatory supervised release, probation, conditional discharge, or supervision shall: (i) not access or use a computer or any other device with Internet capability without the prior written approval; (ii) submit to periodic unannounced examinations of the offender's computer or any other device with Internet capability by the offender's supervising agent, probation officer, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection; (iii) submit to the installation on the offender's computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and (iv) submit to any other appropriate restrictions concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the Prisoner Review Board, the Department of Corrections, or the offender's supervising agent or probation officer. Permits such restrictions to be imposed as a condition of parole, mandatory supervised release, probation, or conditional discharge for persons who commit other sex offenses that qualify for registration under the Sex Offender Registration Act. Provides that the Illinois Child Online Exploitation Reporting Act is effective immediately.

Actions 
DateChamber Action
  2/14/2008HouseFiled with the Clerk by Rep. Michael J. Madigan
  2/14/2008HouseChief Co-Sponsor Rep. Barbara Flynn Currie
  2/14/2008HouseFirst Reading
  2/14/2008HouseReferred to Rules Committee
  3/10/2008HouseChief Sponsor Changed to Rep. John E. Bradley
  3/11/2008HouseAssigned to Judiciary II - Criminal Law Committee
  3/11/2008HouseMotion to Suspend Rule 25 - Prevailed
  3/13/2008HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/13/2008HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/13/2008HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
  3/13/2008HousePlaced on Calendar 2nd Reading - Short Debate
  3/13/2008HouseAdded Chief Co-Sponsor Rep. Jack D. Franks
  3/17/2008HouseAdded Co-Sponsor Rep. Fred Crespo
  3/17/2008HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/18/2008HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  4/2/2008HouseAdded Co-Sponsor Rep. Careen M Gordon
  4/2/2008HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  4/2/2008HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  4/2/2008HouseAdded Co-Sponsor Rep. Chapin Rose
  4/2/2008HouseAdded Co-Sponsor Rep. Robert Rita
  4/2/2008HouseAdded Co-Sponsor Rep. Jack McGuire
  4/2/2008HouseAdded Co-Sponsor Rep. Mike Boland
  4/15/2008HouseRemove Chief Co-Sponsor Rep. Barbara Flynn Currie
  4/16/2008HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. John E. Bradley
  4/16/2008HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/16/2008HouseSecond Reading - Short Debate
  4/16/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  4/18/2008HouseFinal Action Deadline Extended-9(b) May 9, 2008
  4/29/2008HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. John E. Bradley
  4/29/2008HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/29/2008HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  4/30/2008HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary II - Criminal Law Committee
  4/30/2008HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary II - Criminal Law Committee; 013-000-000
  5/9/2008HouseFinal Action Deadline Extended-9(b) May 23, 2008
  5/9/2008HouseAdded Co-Sponsor Rep. Robert F. Flider
  5/13/2008HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  5/13/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/14/2008HouseAdded Chief Co-Sponsor Rep. Daniel V. Beiser
  5/14/2008HouseRemoved Co-Sponsor Rep. Daniel V. Beiser
  5/14/2008HouseAdded Chief Co-Sponsor Rep. Patrick J Verschoore
  5/14/2008HouseAdded Chief Co-Sponsor Rep. Thomas Holbrook
  5/14/2008HouseThird Reading - Short Debate - Passed 111-001-001
  5/14/2008HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40(a)
  5/15/2008SenateArrive in Senate
  5/15/2008SenatePlaced on Calendar Order of First Reading
  5/15/2008SenateChief Senate Sponsor Sen. A. J. Wilhelmi
  5/15/2008SenateFirst Reading
  5/15/2008SenateReferred to Rules
  5/15/2008SenateRule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee
  1/13/2009HouseSession Sine Die