|Public Act 095-0944
||LRB095 15947 DRJ 41957 b
AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Abused and Neglected Child Reporting Act is
amended by adding Section 4.5 as follows:
(325 ILCS 5/4.5 new)
Electronic and information technology workers;
reporting child pornography.
(a) In this Section:
"Child pornography" means child pornography as described
in Section 11-20.1 of the Criminal Code of 1961 or aggravated
child pornography as described in Section 11-20.3 of the
Criminal Code of 1961.
"Electronic and information technology equipment" means
equipment used in the creation, manipulation, storage,
display, or transmission of data, including internet and
intranet systems, software applications, operating systems,
video and multimedia, telecommunications products, kiosks,
information transaction machines, copiers, printers, and
desktop and portable computers.
"Electronic and information technology equipment worker"
means a person who in the scope and course of his or her
employment or business installs, repairs, or otherwise
services electronic and information technology equipment for a
fee but does not include (i) an employee, independent
contractor, or other agent of a telecommunications carrier or
telephone or telecommunications cooperative, as those terms
are defined in the Public Utilities Act, or (ii) an employee,
independent contractor, or other agent of a provider of
commercial mobile radio service, as defined in 47 C.F.R. 20.3.
(b) If an electronic and information technology equipment
worker discovers any depiction of child pornography while
installing, repairing, or otherwise servicing an item of
electronic and information technology equipment, that worker
or the worker's employer shall immediately report the discovery
to the local law enforcement agency or to the Cyber Tipline at
the National Center for Missing & Exploited Children.
(c) If a report is filed in accordance with the
requirements of 42 U.S.C. 13032, the requirements of this
Section 4.5 will be deemed to have been met.
(d) An electronic and information technology equipment
worker or electronic and information technology equipment
worker's employer who reports a discovery of child pornography
as required under this Section is immune from any criminal,
civil, or administrative liability in connection with making
the report, except for willful or wanton misconduct.
(e) Failure to report a discovery of child pornography as
required under this Section is a business offense subject to a
fine of $1,001.