Illinois General Assembly

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 Bill Status of HB4578  95th General Assembly


Short Description:  INFO TECH-REPORT CHILD PORN

House Sponsors
Rep. Jim Durkin - Patricia R. Bellock, Carolyn H. Krause, Mike Bost, Ron Stephens, Raymond Poe and Sandra M. Pihos

Senate Sponsors
(Sen. John J. Millner - Iris Y. Martinez - Dan Kotowski - A. J. Wilhelmi - Linda Holmes, Ira I. Silverstein and Kirk W. Dillard)

Last Action
DateChamber Action
  8/29/2008HousePublic Act . . . . . . . . . 95-0944

Statutes Amended In Order of Appearance
325 ILCS 5/4.5 new


Synopsis As Introduced
Amends the Abused and Neglected Child Reporting Act. Provides that 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 shall immediately report the discovery to the local law enforcement agency. Provides that an electronic and information technology equipment worker who reports a discovery of child pornography as required under this provision is immune from any criminal, civil, or administrative liability in connection with making the report. Effective immediately.

House Committee Amendment No. 1
Replaces everything after the enacting clause with substantially similar provisions amending the Abused and Neglected Child Reporting Act, but with changes that include the following: (1) makes changes in the definition of "electronic and information technology equipment worker", and provides that the term 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 federal regulations; (2) requires an electronic and information technology equipment worker's employer to report the discovery of a depiction of child pornography; (3) authorizes the reporting of the discovery of a depiction of child pornography to the Cyber Tipline at the National Center for Missing & Exploited Children; and (4) in connection with a worker's immunity from liability in connection with reporting the discovery of a depiction of child pornography, adds an exception for willful or wanton misconduct. Effective immediately.

House Floor Amendment No. 2
Provides for immunity for an electronic and information technology equipment worker's employer who reports a discovery of child pornography. Provides that failure to report a discovery of child pornography is a business offense subject to a fine of $1,001.

Senate Committee Amendment No. 1
Provides that for purposes of the bill's amendatory provisions, "child pornography" includes aggravated child pornography as described in the Criminal Code of 1961.

Actions 
DateChamber Action
  1/18/2008HouseFiled with the Clerk by Rep. Jim Durkin
  1/22/2008HouseFirst Reading
  1/22/2008HouseReferred to Rules Committee
  2/14/2008HouseAdded Co-Sponsor Rep. Carolyn H. Krause
  2/14/2008HouseAdded Co-Sponsor Rep. Mike Bost
  2/20/2008HouseAssigned to Judiciary II - Criminal Law Committee
  2/27/2008HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  3/13/2008HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/13/2008HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/13/2008HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
  3/13/2008HousePlaced on Calendar 2nd Reading - Short Debate
  3/25/2008HouseAdded Co-Sponsor Rep. Ron Stephens
  3/25/2008HouseAdded Co-Sponsor Rep. Raymond Poe
  4/1/2008HouseSecond Reading - Short Debate
  4/1/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/2/2008HouseRecalled to Second Reading - Short Debate
  4/2/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  4/2/2008HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jim Durkin
  4/2/2008HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/7/2008HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary II - Criminal Law Committee
  4/15/2008HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary II - Criminal Law Committee; 013-000-000
  4/16/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  4/16/2008HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  4/16/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/16/2008HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  4/17/2008HouseThird Reading - Short Debate - Passed 114-000-000
  4/23/2008SenateArrive in Senate
  4/23/2008SenatePlaced on Calendar Order of First Reading
  4/23/2008SenateChief Senate Sponsor Sen. John J. Millner
  4/23/2008SenateFirst Reading
  4/23/2008SenateReferred to Rules
  5/15/2008SenateAssigned to Judiciary Criminal Law
  5/15/2008SenateRule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee
  5/20/2008SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Millner
  5/20/2008SenateSenate Committee Amendment No. 1 Referred to Rules
  5/20/2008SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary Criminal Law
  5/21/2008SenateAdded as Alternate Co-Sponsor Sen. Ira I. Silverstein
  5/21/2008SenateSenate Committee Amendment No. 1 Adopted
  5/21/2008SenateDo Pass as Amended Judiciary Criminal Law; 009-000-000
  5/21/2008SenatePlaced on Calendar Order of 2nd Reading May 22, 2008
  5/22/2008SenateSecond Reading
  5/22/2008SenatePlaced on Calendar Order of 3rd Reading May 23, 2008
  5/23/2008SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  5/23/2008SenateAdded as Alternate Chief Co-Sponsor Sen. Dan Kotowski
  5/23/2008SenateAdded as Alternate Chief Co-Sponsor Sen. A. J. Wilhelmi
  5/23/2008SenateAdded as Alternate Chief Co-Sponsor Sen. Linda Holmes
  5/23/2008SenateAdded as Alternate Co-Sponsor Sen. Kirk W. Dillard
  5/23/2008SenateThird Reading - Passed; 055-000-000
  5/27/2008HouseArrived in House
  5/27/2008HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/28/2008HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Jim Durkin
  5/28/2008HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/30/2008HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 003-001-000
  5/31/2008HouseSenate Committee Amendment No. 1 House Concurs 115-000-000
  5/31/2008HousePassed Both Houses
  6/30/2008HouseSent to the Governor
  8/29/2008HouseGovernor Approved
  8/29/2008HouseEffective Date August 29, 2008
  8/29/2008HousePublic Act . . . . . . . . . 95-0944

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