Illinois General Assembly - Full Text of HB4879
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Full Text of HB4879  95th General Assembly

HB4879sam003 95TH GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 5/27/2008

 

 


 

 


 
09500HB4879sam003 LRB095 12804 RLC 51545 a

1
AMENDMENT TO HOUSE BILL 4879

2     AMENDMENT NO. ______. Amend House Bill 4879, AS AMENDED, in
3 paragraph (1) of subsection (b) of Sec. 11-20.3 of Section 5,
4 by inserting after "pornography" the following:
5 "under paragraphs (1) through (7) of subsection (a) of this
6 Section"; and
 
7 in paragraph (1) of subsection (b) of Sec. 11-20.3 of Section
8 5, by inserting after "prosecution under" the following:
9 "paragraphs (1) through (7) of subsection (a) of"; and
 
10 after the last line of paragraph (1) of subsection (b) of Sec.
11 11-20.3 of Section 5, by inserting the following:
12     "(1.5) It shall be an affirmative defense to a charge of
13 aggravated child pornography under paragraph (8) or (9) of
14 subsection (a) of this Section that the defendant reasonably
15 believed, under all of the circumstances, that the child was 18
16 years of age or older or that the person was not a severely or

 

 

09500HB4879sam003 - 2 - LRB095 12804 RLC 51545 a

1 profoundly mentally retarded person but only where, prior to
2 the act or acts giving rise to a prosecution under paragraph
3 (8) or (9) of subsection (a) of this Section, he or she took
4 some affirmative action or made a bonafide inquiry designed to
5 ascertain whether the child was 18 years of age or older or
6 that the person was not a severely or profoundly mentally
7 retarded person and his reliance upon the information so
8 obtained was clearly reasonable.".