Illinois General Assembly - Bill Status for HB5469

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.

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.

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