HB4578 Engrossed

LRB095 15947 DRJ 41957 b






1
    AN ACT concerning children.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:

 
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, 
16
video and multimedia, telecommunications products, kiosks, 
17
information transaction machines, copiers, printers, and 
18
desktop and portable computers. 
19
    "Electronic and information technology equipment worker" 
20
means a person who in the scope and course of his or her 
21
employment or business installs, repairs, or otherwise 
22
services electronic and information technology equipment for a 
23
fee but does not include (i) an employee, independent 
 


 






HB4578 Engrossed
- 2 -
LRB095 15947 DRJ 41957 b




1
contractor, or other agent of a telecommunications carrier or 
2
telephone or telecommunications cooperative, as those terms 
3
are defined in the Public Utilities Act, or (ii) an employee, 
4
independent contractor, or other agent of a provider of 
5
commercial mobile radio service, as defined in 47 C.F.R. 20.3.
6
    (b) If an electronic and information technology equipment 
7
worker discovers any depiction of child pornography while 
8
installing, repairing, or otherwise servicing an item of 
9
electronic and information technology equipment, that worker 
10
or the worker's employer shall immediately report the discovery 
11
to the local law enforcement agency or to the Cyber Tipline at 
12
the National Center for Missing & Exploited Children.
13
    (c) If a report is filed in accordance with the 
14
requirements of 42 U.S.C. 13032, the requirements of this 
15
Section 4.5 will be deemed to have been met. 
16
    (d) An electronic and information technology equipment 
17
worker or electronic and information technology equipment 
18
worker's employer who reports a discovery of child pornography 
19
as required under this Section is immune from any criminal, 
20
civil, or administrative liability in connection with making 
21
the report, except for willful or wanton misconduct.
22
    (e) Failure to report a discovery of child pornography as 
23
required under this Section is a business offense subject to a 
24
fine of $1,001. 
 

25
    Section 99. Effective date. This Act takes effect upon 
26
becoming law.