Bill Text: NJ A2525 | 2020-2021 | Regular Session | Introduced
Bill Title: Provides that information technology professionals who find child pornography on computers must report the finding to law enforcement.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-02-03 - Introduced, Referred to Assembly Judiciary Committee [A2525 Detail]
Download: New_Jersey-2020-A2525-Introduced.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Provides that information technology professionals who find child pornography on computers must report the finding to law enforcement.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning reporting child pornography to law enforcement and supplementing Title 9 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. (1) Any information technology professional who, while acting in the scope of his professional duties, knows or has reasonable cause to believe that there resides on, has been transmitted to or is stored on an electronic communication system a file containing an image depicting a child engaging in a prohibited sexual act or in the simulation of such an act in violation of N.J.S.2C:24-4 shall report or cause to be reported the same immediately, by telephone or otherwise, to an investigative or law enforcement officer.
(2) Any employee or agent of a public entity who, while acting in the scope of his professional duties, knows or has reasonable cause to believe that there resides on, has been transmitted to or is stored on an electronic communication system owned, maintained, utilized or operated by the public entity a file containing an image depicting a child engaging in a prohibited sexual act or in the simulation of such an act in violation of N.J.S.2C:24-4 shall report or cause to be reported the same immediately, by telephone or otherwise, to the employee's supervisor or to an investigative or law enforcement officer.
(3) Any other person who has reasonable cause to believe that there resides on, has been transmitted to or is stored on an electronic communication system a file containing an image depicting a child engaging in a prohibited sexual act or in the simulation of such an act in violation of N.J.S.2C:24-4 may report the same immediately, by telephone or otherwise, to an investigative or law enforcement officer.
b. Any person who reports information pursuant to this act, or provides information to the appropriate authorities concerning the existence of a file containing an image depicting a child engaging in a prohibited sexual act or in the simulation of such an act in violation of N.J.S.2C:24-4, or testifies at a grand jury, judicial or administrative proceeding resulting from the report, is immune from civil and criminal liability arising from the report, information or testimony, unless the person acts in bad faith or with malicious purpose.
c. An employer or any other person shall not take any discriminatory or retaliatory action against an employee who, pursuant to this act, in good faith reports or causes to be reported the existence of a file containing an image depicting a child engaging in a prohibited sexual act or in the simulation of such an act in violation of N.J.S.2C:24-4. An employer or any other person shall not discharge, demote or reduce the salary of an employee because the employee reported information in good faith pursuant to this act. A person who violates this subsection is liable for a fine of up to $1,000.
d. An employee who, pursuant to this act, reports or causes to be reported an allegation concerning the existence of a file containing an image depicting a child engaging in a prohibited sexual act or in the simulation of such an act in violation of N.J.S.2C:24-4 encountered during the course of his or her employment and as a result thereof is discharged from employment or in any manner discriminated against with respect to compensation, hire, tenure or terms, conditions or privileges of employment, may file a cause of action for appropriate relief in the Superior Court in the county in which the discharge or alleged discrimination occurred or in the county of the person's primary residence. If the court finds that the person was discharged or discriminated against as a result of the person's reporting an allegation concerning the existence of a file containing an image depicting a child engaging in a prohibited sexual act or in the simulation of such an act in violation of N.J.S.2C:24-4, the court may grant reinstatement of employment with back pay or other legal or equitable relief and impose a fine as authorized in subsection d. of this section.
e. As used in this section:
(1) "Electronic communication system" means any wire, radio, electromagnetic, photo-optical or photoelectronic facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications;
(2) "Electronic storage" means any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof, and any storage of such communication by an electronic communication service for purpose of backup protection of the communication;
(3) "Investigative or law enforcement officer" means any officer of the State of New Jersey or of a political subdivision thereof who is empowered by law to conduct investigations of, or to make arrests for, any offense enumerated in Title 2C of the New Jersey statutes and any attorney authorized by law to prosecute or participate in the prosecution of any such offense.
(4) "Information technology professional" means any person, who may but need not be employed by the owner or operator of an electronic communication system, whose professional duties or responsibilities include the performance of programming, maintenance, repair, implementation or support services for the electronic communication system or for the software, hardware or firmware related to such system.
2. This act shall take effect immediately.
STATEMENT
This bill provides that information technology professionals and employees of public entities who find child pornography on computers must report the finding to law enforcement. In addition, the bill provides that any other person may report such findings.
Under the bill, any information technology professional who, while acting in the scope of his professional duties, knows or has reasonable cause to believe that there resides on, has been transmitted to or is stored on an electronic communication system a file containing an image depicting a child engaging in a prohibited sexual act or in the simulation of such an act in violation of N.J.S.2C:24-4 (endangering the welfare of a child), shall report or cause to be reported the same immediately to an investigative or law enforcement officer.
The bill also provides that any employee or agent of a public entity who, while acting in the scope of his professional duties, knows or has reasonable cause to believe that there resides on, has been transmitted to or is stored on an electronic communication system owned, maintained, utilized or operated by the public entity a file containing such an image shall report or cause to be reported the same immediately to the employee's supervisor or to an investigative or law enforcement officer.
Under the bill, any other person who has reasonable cause to believe that there resides on, has been transmitted to or is stored on an electronic communication system a file containing such an image may report the same immediately to an investigative or law enforcement officer.
The bill provides that any person who reports information pursuant to the bill, or testifies at a grand jury, judicial or administrative proceeding resulting from the report, is immune from civil and criminal liability arising from the report, information or testimony, unless the person acts in bad faith or with malicious purpose.
Under the bill, an employer or any other person shall not take any discriminatory or retaliatory action against an employee who in good faith makes or causes to be made such a report. The bill provides that an employer or any other person shall not discharge, demote or reduce the salary of an employee because the employee reported information in good faith. A person who violates this subsection is liable for a fine of up to $1,000.
The bill provides that an employee who is discharged from employment or discriminated against with respect to compensation, hire, tenure or terms, conditions or privileges of employment because of making the report may file a cause of action for appropriate relief in the Superior Court. The court may grant reinstatement of employment with back pay or other legal or equitable relief and impose a fine.
