Public Act 095-0944
 		





HB4578 Enrolled
LRB095 15947 DRJ 41957 b






    AN ACT concerning children.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Abused and Neglected Child Reporting Act is 
amended  by adding Section 4.5 as follows:
 
    (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 
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. 
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.