Requires employers and information technology employees to report child pornography to the state police

4 Co-sponsors

• Robert Barra
• Daniel Burling
• Clifford Crouch
• Ann Rabbitt

25 Multi-sponsors

• Thomas Alfano
• George Amedore
• James Bacalles
• William A. Barclay
• Marc Butler
• Nancy Calhoun
• James Conte
• Gary Finch
• Michael J. Fitzpatrick
• Joseph Giglio
• James Hayes
• Tony Jordan
• Brian Kolb
• David McDonough
• Joel Miller
• Robert Oaks
• Thomas F. O'Mara
• Jack Quinn III
• Andrew Raia
• Bill Reilich
• Joseph Saladino
• Teresa Sayward
• Dierdre Scozzafava
• Fred Thiele
• David Townsend

BILL NUMBER:A10588

Title of bill

An act to amend the social services law, in relation to requiring employers and information technology employees to report child pornography to the state police

Purpose or general idea of bill

Requires Information Technology (IT) employees, in the course of their professional duties, to report find- ings of computer child pornography to the New York State Police.

Summary of specific provisions

Section 1: Creates a new Section 413-a of the Social Services Law. Defines IT employee and establishes crite- ria and reporting requirements.

Section 2: Directs that any willful failure to report a case of computer child pornography, by an IT employee, is to be punishable by a class A misdemeanor.

Section 3: Provides that any IT employee, who falsely reports cases of computer child pornography, to be subject to the penalties contained under Section 240.50 of the Penal Law.

Section 4: Provides immunity from liability (civil or criminal) for any IT employee who, in their professional capacity reports in good faith, cases of computer child pornography to the New York State Police.

Section 5: Establishes retaliatory personnel action protections for IT employees who, in their professional capacity, report cases of child pornography to the New York State Police.

Section 6: This act shall take effect 90 days after it shall have become law.

Justification

Under current law, there is no requirement for Informa- tion Technology employees to report cases of computer child pornography to law enforcement authorities. This legislation would amend the Social Services Law to include provisions to require IT employees who, in the course of their professional duties discover computers containing child pornography, to report it to the New York State Police. Moreover, the legislation would include provisions to protect employees, who in good faith make a report, as well as provisions to protect customers who have been falsely accused. Increasingly, sexual predators are using the unlimited access of the Internet as a means to feed their sickness by downloading these images onto their personal computers. Children are our most prized possession and as such we should make every effort to protect them. IT employees are a first line of defense in combating the proliferation of child pornography. By requiring them to report cases of suspected child pornography we add another weapon to our arsenal for combating child pornography.

Prior legislative history

2008: A.5839; Referred to Children and Families 2007: A.5839; Referred to Children and Families 2006: A.10009-A; Held for consideration in Children and Families 2006: A.10009; Amended and recommitted to Children and Families

Effective date

This act shall take effect in 90 days after it shall have become law.