Bill > S638

Introduced Session

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.

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Jim Beach (D)*,  Linda Greenstein (D)*,  Anthony Bucco (R), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2018)