Full Text of HB4642 97th General Assembly
HB4642ham003 97TH GENERAL ASSEMBLY | Rep. Darlene J. Senger Filed: 3/22/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4642
| 2 | | AMENDMENT NO. ______. Amend House Bill 4642 on page 1, line | 3 | | 5, by inserting ", 17-52.5," after "17-51"; and | 4 | | on page 6, by inserting immediately after line 26 the | 5 | | following: | 6 | | " (d) Telecommunications carriers, commercial mobile | 7 | | service providers, and providers of information services, | 8 | | including, but not limited to, Internet service providers and | 9 | | hosting service providers, are not liable under this Section, | 10 | | except for willful and wanton misconduct, by virtue of the | 11 | | transmission, storage, or caching of electronic communications | 12 | | or messages of others or by virtue of the provision of other | 13 | | related telecommunications, commercial mobile services, or | 14 | | information services used by others in violation of this | 15 | | Section. "; and
| 16 | | on page 7, by inserting immediately below line 2 the following: |
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| 1 | | "(720 ILCS 5/17-52.5) (was 720 ILCS 5/16D-5.5) | 2 | | Sec. 17-52.5. Unlawful use of encryption. | 3 | | (a) For the purpose of this Section: | 4 | | "Computer" means an electronic device which performs | 5 | | logical, arithmetic, and memory functions by manipulations | 6 | | of electronic or magnetic impulses and includes all | 7 | | equipment related to the computer in a system or network. | 8 | | "Computer contaminant" means any data, information, | 9 | | image, program, signal, or sound that is designated or has | 10 | | the capability to: (1) contaminate, corrupt, consume, | 11 | | damage, destroy, disrupt, modify, record, or transmit; or | 12 | | (2) cause to be contaminated, corrupted, consumed, | 13 | | damaged, destroyed, disrupted, modified, recorded, or | 14 | | transmitted, any other data, information, image, program, | 15 | | signal, or sound contained in a computer, system, or | 16 | | network without the knowledge or consent of the person who | 17 | | owns the other data, information, image, program, signal, | 18 | | or sound or the computer, system, or network. | 19 | | "Computer contaminant" includes, without limitation: | 20 | | (1) a virus, worm, or Trojan horse; (2) spyware that tracks | 21 | | computer activity and is capable of recording and | 22 | | transmitting such information to third parties; or (3) any | 23 | | other similar data, information, image, program, signal, | 24 | | or sound that is designed or has the capability to prevent, | 25 | | impede, delay, or disrupt the normal operation or use of |
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| 1 | | any component, device, equipment, system, or network. | 2 | | "Encryption" means the use of any protective or | 3 | | disruptive measure, including, without limitation, | 4 | | cryptography, enciphering, encoding, or a computer | 5 | | contaminant, to: (1) prevent, impede, delay, or disrupt | 6 | | access to any data, information, image, program, signal, or | 7 | | sound; (2) cause or make any data, information, image, | 8 | | program, signal, or sound unintelligible or unusable; or | 9 | | (3) prevent, impede, delay, or disrupt the normal operation | 10 | | or use of any component, device, equipment, system, or | 11 | | network. | 12 | | "Network" means a set of related, remotely connected | 13 | | devices and facilities, including more than one system, | 14 | | with the capability to transmit data among any of the | 15 | | devices and facilities. The term includes, without | 16 | | limitation, a local, regional, or global computer network. | 17 | | "Program" means an ordered set of data representing | 18 | | coded instructions or statements which can be executed by a | 19 | | computer and cause the computer to perform one or more | 20 | | tasks. | 21 | | "System" means a set of related equipment, whether or | 22 | | not connected, which is used with or for a computer. | 23 | | (b) A person shall not knowingly use or attempt to use | 24 | | encryption, directly or indirectly, to: | 25 | | (1) commit, facilitate, further, or promote any | 26 | | criminal offense; |
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| 1 | | (2) aid, assist, or encourage another person to commit | 2 | | any criminal offense; | 3 | | (3) conceal evidence of the commission of any criminal | 4 | | offense; or | 5 | | (4) conceal or protect the identity of a person who has | 6 | | committed any criminal offense. | 7 | | (c) Telecommunications carriers, commercial mobile service | 8 | | providers, and providers of information services, including, | 9 | | but not limited to, Internet service providers and hosting | 10 | | service providers, are not liable under this Section, except | 11 | | for willful and wanton misconduct, by virtue of the | 12 | | transmission, storage, or caching of electronic communications | 13 | | or messages of others or by virtue of the provision of other | 14 | | related telecommunications, commercial mobile services, or | 15 | | information services used by others in violation of this | 16 | | Section. Telecommunications carriers and information service | 17 | | providers are not liable under this Section, except for willful | 18 | | and wanton misconduct, for providing encryption services used | 19 | | by others in violation of this Section. | 20 | | (d) Sentence. A person who violates this Section is guilty | 21 | | of a Class A misdemeanor, unless the encryption was used or | 22 | | attempted to be used to commit an offense for which a greater | 23 | | penalty is provided by law. If the encryption was used or | 24 | | attempted to be used to commit an offense for which a greater | 25 | | penalty is provided by law, the person shall be punished as | 26 | | prescribed by law for that offense. |
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| 1 | | (e) A person who violates this Section commits a criminal | 2 | | offense that is separate and distinct from any other criminal | 3 | | offense and may be prosecuted and convicted under this Section | 4 | | whether or not the person or any other person is or has been | 5 | | prosecuted or convicted for any other criminal offense arising | 6 | | out of the same facts as the violation of this Section.
| 7 | | (Source: P.A. 95-942, eff. 1-1-09; 96-1551, eff. 7-1-11 .)"; and | 8 | | on page 8, line 13, by replacing "Section 1-2" with "Sections | 9 | | 1-2 and 2"; and | 10 | | on page 9, line 18, by inserting after " person " the following: | 11 | | " within one week by transmitting any comment, request, | 12 | | suggestion, or proposal which is obscene with an intent to | 13 | | offend "; and | 14 | | on page 11, by inserting immediately below line 3 the | 15 | | following:
| 16 | | "(720 ILCS 135/2) (from Ch. 134, par. 16.5)
| 17 | | Sec. 2. Sentence.
| 18 | | (a) Except as provided in
subsection (b), a
person who | 19 | | violates any of the provisions of
Section 1, 1-1, or 1-2 , other | 20 | | than paragraph (4.1) of subsection (a) of Section 1-2, of this | 21 | | Act
is guilty of a Class B misdemeanor.
Except as provided
in | 22 | | subsection (b), a violation of paragraph (4.1) of subsection |
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| 1 | | (a) of Section 1-2 is a Class A misdemeanor. Except as provided | 2 | | in
subsection (b), a second or subsequent
violation of Section | 3 | | 1, 1-1, or 1-2 of this
Act is a Class A
misdemeanor, for which | 4 | | the
court
shall impose a minimum of 14 days in
jail or, if | 5 | | public or
community service is established in the county in | 6 | | which the offender was
convicted, 240 hours of public or | 7 | | community service.
| 8 | | (b) In any of the following circumstances, a person who | 9 | | violates Section 1,
1-1, or
1-2 of this Act shall be guilty of | 10 | | a Class 4 felony:
| 11 | | (1) The person has 3 or more prior violations in the | 12 | | last 10 years of
harassment
by
telephone under Section 1-1 | 13 | | of this Act, harassment through electronic
communications | 14 | | under Section 1-2 of this Act, or any similar offense of | 15 | | any
state;
| 16 | | (2) The person has previously violated the harassment | 17 | | by telephone
provisions of Section 1-1 of this Act or the | 18 | | harassment through electronic
communications provisions of | 19 | | Section 1-2 of this Act or committed any similar
offense in | 20 | | any state with the same victim or a member of the victim's | 21 | | family or
household;
| 22 | | (3) At the time of the offense, the offender was under | 23 | | conditions of bail,
probation, mandatory supervised | 24 | | release or was the subject of an order of
protection, in | 25 | | this or any other state, prohibiting contact with the | 26 | | victim or
any member of the victim's family or household;
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| 1 | | (4) In the course of the offense, the offender | 2 | | threatened to kill the
victim or any member of the victim's | 3 | | family or household;
| 4 | | (5) The person has been convicted in the last 10 years | 5 | | of a forcible
felony
as defined in Section 2-8 of the | 6 | | Criminal Code of 1961;
| 7 | | (6) The person violates paragraph (4.1) of Section 1-1 | 8 | | or paragraph
(3.1) of subsection (a) of Section 1-2; or | 9 | | (7) The person was at least 18 years of age at the time | 10 | | of the commission of the offense and the victim was under | 11 | | 18 years of age at the time of the commission of the | 12 | | offense.
| 13 | | (Source: P.A. 95-984, eff. 6-1-09 .)".
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