093_HB0014ham003

 










                                     LRB093 02624 RLC 12092 a

 1                     AMENDMENT TO HOUSE BILL 14

 2        AMENDMENT NO.     .  Amend House Bill 14, AS AMENDED,  as
 3    follows:

 4    by  replacing  everything  after the enacting clause with the
 5    following:

 6        "Section 5. The Criminal  Code  of  1961  is  amended  by
 7    changing Section 11-20.2 as follows:

 8        (720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2)
 9        Sec. 11-20.2.  Images of child pornography.
10        (a)  Any commercial film and photographic print processor
11    or  person  whose  principal business is to service or repair
12    computers who has knowledge of or observes, within the  scope
13    of  his or her professional capacity or employment, any film,
14    photograph, videotape, negative, or slide, or computer  image
15    which  depicts  a  child  whom  the processor or person whose
16    principal  business  is  to  service  or   repair   computers
17    determines  knows  or  reasonably should know to be under the
18    age of 18 where such child is:
19        (i)  actually or by simulation  engaged  in  any  act  of
20    sexual intercourse with any person or animal; or
21        (ii)  actually  or  by  simulation  engaged in any act of
 
                            -2-      LRB093 02624 RLC 12092 a
 1    sexual contact involving the sex organs of the child and  the
 2    mouth,  anus,  or  sex organs of another person or animal; or
 3    which involves the mouth, anus or sex organs of the child and
 4    the sex organs of another person or animal; or
 5        (iii)  actually or by simulation engaged in  any  act  of
 6    masturbation; or
 7        (iv)  actually  or  by  simulation portrayed as being the
 8    object of, or otherwise engaged in, any act of lewd fondling,
 9    touching, or caressing involving another person or animal; or
10        (v)  actually or by simulation  engaged  in  any  act  of
11    excretion or urination within a sexual context; or
12        (vi)  actually  or by simulation portrayed or depicted as
13    bound, fettered, or  subject  to  sadistic,  masochistic,  or
14    sadomasochistic  abuse  in  any  sexual context; shall report
15    such instance to an appropriate State, local, or federal  law
16    enforcement  agency or to a federal law enforcement agency as
17    defined under 18 U.S.C.  2252.   For  the  purposes  of  this
18    Section,  actual  notice  shall  mean  written  or electronic
19    notification received by the appropriate  department  of  the
20    Interactive   computer   service  provider  a  peace  officer
21    immediately or as soon as possible.   Failure  to  make  such
22    report  is  shall  be a petty business offense with a fine of
23    $1,000.
24        (a-5)  A  commercial  computer   technician,   management
25    information   technician,  or  Interactive  computer  service
26    employee shall  be  forever  held  harmless  from  any  civil
27    liability  for  his  or  her  reasonable  compliance with the
28    provisions of the Section,  except  for  willful  and  wanton
29    behavior.
30        (b)  In this Section:
31        "Computer"  has  the  meaning  ascribed  to it in Section
32    16D-2 of this Code.
33        "Internet" means the international  computer  network  of
34    both  federal  and  non-federal interoperable packet switched
 
                            -3-      LRB093 02624 RLC 12092 a
 1    data networks, and also includes, but is not  limited  to,  a
 2    World  Wide Web page, newsgroup, message board, mailing list,
 3    or chat area on any interactive computer service or system or
 4    other online service.
 5        "Interactive computer service" means  any  service  whose
 6    principal  business  is  to provide or enable computer access
 7    via the Internet by multiple users to a  computer  server  or
 8    similar device used for storage of graphic, video, or images.
 9    (Source: P.A. 84-1280.)".