Illinois General Assembly

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 Bill Status of HB4879  95th General Assembly


Short Description:  CRIM CD-CHILD PORNOGRAPHY

House Sponsors
Rep. Dennis M. Reboletti - Ruth Munson - Jim Durkin - Sandra M. Pihos - Bob Biggins, Tom Cross, Renée Kosel, Brent Hassert, James H. Meyer, Carolyn H. Krause, Mike Bost, William Davis, Patricia R. Bellock, Jack D. Franks, Robert F. Flider, Ron Stephens, Raymond Poe, Mike Boland, Patricia Reid Lindner, Rich Brauer, Ronald A. Wait, Bill Mitchell, Jil Tracy, Franco Coladipietro, Jim Sacia, Timothy L. Schmitz, Ed Sullivan, Jr., David Reis, Roger L. Eddy, Sidney H. Mathias, Jerry L. Mitchell, Elizabeth Coulson, Sandy Cole, Robert W. Pritchard, Deborah L. Graham and Harry R. Ramey, Jr.

Senate Sponsors
(Sen. Iris Y. Martinez - Jacqueline Y. Collins)

Last Action
DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
720 ILCS 5/11-20.1from Ch. 38, par. 11-20.1


Synopsis As Introduced
Amends the Criminal Code of 1961 in relation to child pornography. Provides that a person is guilty of a Class X felony with a term of imprisonment of not less than 9 years and not more than 40 years if the person knowingly films, videotapes, photographs, or otherwise depicts or portrays by means of any similar visual medium or reproduction or depicts by computer any child whom he or she knows or reasonably should know to be under the age of 18 or any severely or profoundly mentally retarded person where such child or severely or profoundly mentally retarded person is the victim of an act of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse or knowingly possesses such film, videotape, photograph, or other depiction by computer.

House Committee Amendment No. 1
Provides that telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of the child pornography statute.

House Committee Amendment No. 2
Deletes the substance of the bill. Amends the Criminal Code of 1961 relating to the offense of child pornography. Provides that a person also commits the offense of child pornography when he or she knowingly films, videotapes, photographs, or otherwise depicts or portrays by means of any similar visual medium or reproduction or depicts by computer any actual or simulated act of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse involving any child whom he or she knows or reasonably should know to be under the age of 18 or any severely or profoundly mentally retarded person, or knowingly possesses such film, videotape, photograph, or other depiction by computer.

House Floor Amendment No. 3
Provides that the immunity from liability for telecommunication carriers, commercial mobile service providers, and providers of information services does not apply in cases of willful and wanton misconduct.

Senate Floor Amendment No. 1
Adds reference to:
720 ILCS 5/11-20.3

Deletes the new violation to the child pornography statute. In the aggravated child pornography statute, provides that a person also commits the offense who knowingly films, videotapes, photographs, or otherwise depicts or portrays by means of any similar visual medium or reproduction or depicts by computer any actual or simulated act in violation of the statutes concerning criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse, involving any child whom he or she knows or reasonably should know to be under the age of 18 or any severely or profoundly mentally retarded person; or with knowledge of the nature or content thereof, possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of any actual or simulated act in violation of such statutes, involving any child whom he or she knows or reasonably should know to be under the age of 18 or any severely or profoundly mentally retarded person. Establishes penalties for such offenses.

Senate Floor Amendment No. 3
Further amends the Criminal Code of 1961. Limits the affirmative defense to aggravated child pornography that the defendant reasonably believed, under all of the circumstances, that the child victim was not under 13 years of age to those cases of aggravated child pornography in which an element of the offense is that the defendant knew or reasonably should have known that the child victim was under 13 years of age. Establishes an affirmative defense to aggravated child pornography in which the offense involves the depiction of a child known or reasonably known by the defendant to be under 18 years of age engaged in certain sexual acts that the defendant reasonably believed, under all of the circumstances, that the child was 18 years of age or older or that the person was not a severely or profoundly mentally retarded person but only where, prior to the act or acts giving rise to a prosecution, he or she took some affirmative action or made a bonafide inquiry designed to ascertain whether the child was 18 years of age or older or that the person was not a severely or profoundly mentally retarded person and his reliance upon the information so obtained was clearly reasonable.

Actions 
DateChamber Action
  2/11/2008HouseFiled with the Clerk by Rep. Ruth Munson
  2/11/2008HouseChief Co-Sponsor Rep. Jim Durkin
  2/11/2008HouseChief Co-Sponsor Rep. Sandra M. Pihos
  2/11/2008HouseChief Co-Sponsor Rep. Dennis M. Reboletti
  2/11/2008HouseChief Co-Sponsor Rep. Bob Biggins
  2/11/2008HouseCo-Sponsor Rep. Tom Cross
  2/11/2008HouseCo-Sponsor Rep. Renée Kosel
  2/11/2008HouseCo-Sponsor Rep. Brent Hassert
  2/11/2008HouseCo-Sponsor Rep. James H. Meyer
  2/11/2008HouseFirst Reading
  2/11/2008HouseReferred to Rules Committee
  2/14/2008HouseAdded Co-Sponsor Rep. Carolyn H. Krause
  2/14/2008HouseAdded Co-Sponsor Rep. Mike Bost
  2/14/2008HouseAdded Co-Sponsor Rep. William Davis
  2/14/2008HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  2/20/2008HouseAssigned to Judiciary II - Criminal Law Committee
  3/5/2008HouseAdded Co-Sponsor Rep. Jack D. Franks
  3/11/2008HouseAdded Co-Sponsor Rep. Robert F. Flider
  3/13/2008HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/13/2008HouseHouse Committee Amendment No. 2 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
  3/13/2008HouseHouse Committee Amendment No. 2 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/13/2008HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 008-004-000
  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
  4/2/2008HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Ruth Munson
  4/2/2008HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/4/2008HouseAdded Co-Sponsor Rep. Mike Boland
  4/7/2008HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  4/8/2008HouseSecond Reading - Short Debate
  4/8/2008HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  4/8/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/9/2008HouseAdded Co-Sponsor Rep. Patricia Reid Lindner
  4/9/2008HouseAdded Co-Sponsor Rep. Rich Brauer
  4/9/2008HouseAdded Co-Sponsor Rep. Ronald A. Wait
  4/9/2008HouseAdded Co-Sponsor Rep. Bill Mitchell
  4/9/2008HouseAdded Co-Sponsor Rep. Jil Tracy
  4/9/2008HouseAdded Co-Sponsor Rep. Franco Coladipietro
  4/9/2008HouseAdded Co-Sponsor Rep. Jim Sacia
  4/9/2008HouseAdded Co-Sponsor Rep. Timothy L. Schmitz
  4/9/2008HouseAdded Co-Sponsor Rep. Ed Sullivan, Jr.
  4/9/2008HouseAdded Co-Sponsor Rep. David Reis
  4/9/2008HouseAdded Co-Sponsor Rep. Roger L. Eddy
  4/9/2008HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  4/9/2008HouseAdded Co-Sponsor Rep. Jerry L. Mitchell
  4/9/2008HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  4/9/2008HouseAdded Co-Sponsor Rep. Sandy Cole
  4/9/2008HouseAdded Co-Sponsor Rep. Robert W. Pritchard
  4/16/2008HouseChief Sponsor Changed to Rep. Dennis M. Reboletti
  4/16/2008HouseRemove Chief Co-Sponsor Rep. Dennis M. Reboletti
  4/16/2008HouseAdded Chief Co-Sponsor Rep. Ruth Munson
  4/16/2008HouseAdded Co-Sponsor Rep. Deborah L. Graham
  4/16/2008HouseAdded Co-Sponsor Rep. Harry R. Ramey, Jr.
  4/16/2008HouseThird Reading - Short Debate - Passed 115-000-000
  4/16/2008SenateArrive in Senate
  4/16/2008SenatePlaced on Calendar Order of First Reading April 17, 2008
  4/17/2008SenateChief Senate Sponsor Sen. Iris Y. Martinez
  4/23/2008SenateFirst Reading
  4/23/2008SenateReferred to Rules
  5/7/2008SenateAssigned to Judiciary Criminal Law
  5/13/2008SenateDo Pass Judiciary Criminal Law; 009-000-000
  5/13/2008SenatePlaced on Calendar Order of 2nd Reading May 14, 2008
  5/20/2008SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Iris Y. Martinez
  5/20/2008SenateSenate Floor Amendment No. 1 Referred to Rules
  5/22/2008SenateSecond Reading
  5/22/2008SenatePlaced on Calendar Order of 3rd Reading May 23, 2008
  5/22/2008SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary Criminal Law
  5/23/2008SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary Criminal Law; 006-000-000
  5/23/2008SenateRule 2-10 Third Reading Deadline Established As May 31, 2008
  5/27/2008SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Iris Y. Martinez
  5/27/2008SenateSenate Floor Amendment No. 2 Referred to Rules
  5/27/2008SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Iris Y. Martinez
  5/27/2008SenateSenate Floor Amendment No. 3 Referred to Rules
  5/27/2008SenateSenate Floor Amendment No. 3 Rules Refers to Judiciary Criminal Law
  5/28/2008SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary Criminal Law; 008-000-000
  5/29/2008SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/30/2008SenateRecalled to Second Reading
  5/30/2008SenateSenate Floor Amendment No. 1 Adopted; Martinez
  5/30/2008SenateSenate Floor Amendment No. 3 Adopted; Martinez
  5/30/2008SenatePlaced on Calendar Order of 3rd Reading
  5/30/2008SenateThird Reading - Passed; 056-000-000
  5/30/2008SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  5/30/2008HouseArrived in House
  5/30/2008HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,3
  7/1/2008HouseRule 19(b) / Re-referred to Rules Committee
  1/13/2009HouseSession Sine Die

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