Public Act 101-0431
 
SB1599 EnrolledLRB101 10639 JLS 55745 b


  
    AN ACT concerning business.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Consumer Fraud and Deceptive Business 
Practices Act is amended  by changing Section 2QQQ as follows:
 
    (815 ILCS 505/2QQQ)
    Sec. 2QQQ. Criminal record information.
    (a) It is an unlawful practice for any person engaged in 
publishing or otherwise disseminating criminal record 
information through a print or electronic medium to solicit or 
accept the payment of a fee or other consideration to remove, 
correct, or modify said criminal record information.
    (b) For the purposes of this Section, "criminal record 
information" includes any and all of the following:
        (1) descriptions or notations of any arrests, any 
    formal criminal charges, and the disposition of those 
    criminal charges, including, but not limited to, any 
    information made available under Section 4a of the State 
    Records Act or Section 3b of the Local Records Act;
        (2) photographs of the person taken pursuant to an 
    arrest or other involvement in the criminal justice system; 
    or
        (3) personal identifying information, including a 
    person's name, address, date of birth, photograph, and 
    social security number or other government-issued 
    identification number.

    (c) A person or entity that publishes or otherwise 
disseminates for profit a person's criminal record information 
on a publicly available Internet website or in any other 
publication or criminal history report that charges a fee for 
removal or correction of the information must correct any 
errors in the individual's criminal history information within 
5 business days after notification of an error.  Failure to 
correct an error in the individual's criminal record 
information constitutes an unlawful practice within the 
meaning of this Act.
    (d) A person whose criminal record information is published 
for profit on a publicly available Internet website or in any 
other publication that charges a fee for removal or correction 
of the information may demand the publisher to correct the 
information if the subject of the information, or his or her 
representative, sends a letter, via certified mail, to the 
publishing entity demanding the information be corrected and 
providing documentation of the correct information.
    (e) Failure by a for-profit publishing entity that 
publishes on a publicly available Internet website or in any 
other publication or criminal history report that charges a fee 
for removal or correction of the information to correct the 
person's published criminal record information within 5 
business days after receipt of the notice, demand for 
correction, and the provision of correct information, 
constitutes an unlawful and deceptive practice within the 
meaning of this Act.  In addition to any other remedy available 
under this Act, a person who has been injured by a violation of 
this Section is entitled to the damages of $100 per day, plus 
attorney's fees, for the publisher's failure to correct the 
criminal record information.
    (f) This Section does not apply to a play, book, magazine, 
newspaper, musical, composition, visual work, work of art, 
audiovisual work, radio, motion picture, or television 
program, or a dramatic, literary, or musical work.
    (g) This Section does not apply to a news medium or 
reporter as defined in Section 8-902 of the Code of Civil 
Procedure.
    (h) This Section does not apply to the Illinois State 
Police. 
    (i) This Section does not apply to a consumer reporting 
agency as defined under 15 U.S.C. 1681a(f). 
    (j) Nothing in this Section shall be construed to impose 
liability on an interactive computer service, as defined in 47 
U.S.C. 230(f)(2), for content provided by another person. 
(Source: P.A. 100-927, eff. 1-1-19.)