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Public Act 095-0944
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| HB4578 Enrolled |
LRB095 15947 DRJ 41957 b |
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Abused and Neglected Child Reporting Act is |
amended by adding Section 4.5 as follows:
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(325 ILCS 5/4.5 new) |
Sec. 4.5. Electronic and information technology workers; |
reporting child pornography. |
(a) In this Section: |
"Child pornography" means child pornography as described |
in Section 11-20.1 of the Criminal Code of 1961 or aggravated |
child pornography as described in Section 11-20.3 of the |
Criminal Code of 1961. |
"Electronic and information technology equipment" means |
equipment used in the creation, manipulation, storage, |
display, or transmission of data, including internet and |
intranet systems, software applications, operating systems, |
video and multimedia, telecommunications products, kiosks, |
information transaction machines, copiers, printers, and |
desktop and portable computers. |
"Electronic and information technology equipment worker" |
means a person who in the scope and course of his or her |
employment or business installs, repairs, or otherwise |
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services electronic and information technology equipment for a |
fee but 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 47 C.F.R. 20.3. |
(b) 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 |
or the worker's employer shall immediately report the discovery |
to the local law enforcement agency or to the Cyber Tipline at |
the National Center for Missing & Exploited Children. |
(c) If a report is filed in accordance with the |
requirements of 42 U.S.C. 13032, the requirements of this |
Section 4.5 will be deemed to have been met. |
(d) An electronic and information technology equipment |
worker or electronic and information technology equipment |
worker's employer who reports a discovery of child pornography |
as required under this Section is immune from any criminal, |
civil, or administrative liability in connection with making |
the report, except for willful or wanton misconduct. |
(e) Failure to report a discovery of child pornography as |
required under this Section is a business offense subject to a |
fine of $1,001.
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