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Public Act 098-0458
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| HB2934 Enrolled | LRB098 04295 JLS 34322 b |
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Consumer Fraud and Deceptive Business |
Practices Act is amended by renumbering and changing Section |
2MMM as added by Public Act 97-1056 as follows:
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(815 ILCS 505/2PPP) |
Sec. 2PPP 2MMM. Internet dating, child care, senior care, |
and home care safety. It is an unlawful practice under this Act |
for an Internet dating service, Internet child care
service, |
Internet senior care service, or Internet home care service to |
fail to provide notice or falsely indicate that it has |
performed criminal background screenings in accordance with |
the Internet Dating, Internet Child Care,
Internet Senior Care, |
and Internet Home Care Safety Act. |
(Source: P.A. 97-1056, eff. 8-24-12; revised 1-24-13.)
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Section 10. The Internet Dating Safety Act is amended by |
changing Sections 1, 2, 5, 10, 15, and 20 and by adding Section |
7 as follows:
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(815 ILCS 518/1)
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Sec. 1. Short title. This Act may be cited as the Internet |
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Dating, Internet Child Care, Internet Senior Care, and Internet |
Home Care Safety Act.
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(Source: P.A. 97-1056, eff. 8-24-12.)
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(815 ILCS 518/2)
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Sec. 2. Findings, declarations. The Legislature finds and |
declares that residents of this State need to be informed of |
the potential risks of participating in Internet dating |
services, Internet child care
services, Internet senior care |
services, and Internet home care services. There is a public |
safety need to disclose whether criminal history background |
screenings have been performed and to increase public awareness |
of the possible risks associated with Internet dating, Internet |
child care, Internet senior care, and Internet home care |
activities. The primary purpose of this Act is to enhance the |
safety of individuals who use an Internet service to facilitate |
dating, child care, senior care, or home care. |
The offer of Internet dating services, child care services, |
senior care services, and home care services to residents of |
this State, and the acceptance of membership fees from |
residents of this State means that an Internet dating service, |
Internet child care
service, Internet senior care service, or |
Internet home care service is conducting business in this State |
and is subject to regulation by this State and the jurisdiction |
of the State's courts.
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(Source: P.A. 97-1056, eff. 8-24-12.)
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(815 ILCS 518/5)
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Sec. 5. Definitions. As used in this Act: |
"Criminal background screening" means a name search for a |
person's criminal convictions initiated by an Internet on-line |
dating service provider, an Internet child care service |
provider, an Internet senior care service provider, or an |
Internet home care provider and conducted by:
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(1) searching available and regularly updated |
government public record databases for criminal |
convictions so long as such databases, in the aggregate, |
provide substantial national coverage; or
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(2) searching a database maintained by a private vendor |
that is regularly updated and is maintained in the United |
States with substantial national coverage of criminal |
history records and sexual offender registries.
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"Internet dating service" means a person or entity in the |
business, for a fee, of providing dating, romantic |
relationship, or matrimonial services principally on or |
through the Internet.
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"Internet child care service" means a person or entity, in |
the business, for a fee, of providing access to a database, |
principally on or through the Internet, of seekers and |
providers of child care services. |
"Internet senior care service" means a person or entity in |
the business, for a fee, of providing access to a database, |
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principally on or through the Internet, of seekers and |
providers of senior care services. |
"Internet home care service" means a person or entity in |
the business, for a fee, of providing access to a database, |
principally on or through the Internet, of seekers and |
providers of domestic home care services including, dog |
walkers, pet sitters, housekeepers, house cleaners, house |
sitters, and tutors. |
"Member" means a customer, client, or participant who |
submits to an Internet dating service, Internet child care
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service, Internet senior care service, or Internet home care |
service information required to access the service for the |
purpose of engaging in dating, relationship, compatibility, |
matrimonial, or social, child care, senior care, or home care |
referral.
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"Illinois member" means a member who provides an Illinois |
billing address or zip code when registering with the service.
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"Criminal conviction" means a conviction for any crime |
including but not limited to any sex offense that would qualify |
the offender for registration pursuant to the Sex Offender |
Registration Act or under another jurisdiction's equivalent |
statute.
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(Source: P.A. 97-1056, eff. 8-24-12.)
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(815 ILCS 518/7 new) |
Sec. 7. Exceptions. This Act does not apply to: |
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(1) an individual who is considered an "employee" as |
defined in the Health Care Worker Background Check Act; or |
(2) an individual or service provider who is considered |
a "health care employer" as defined in the Health Care |
Worker Background Check Act.
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(815 ILCS 518/10)
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Sec. 10. Requirements for Internet dating services, |
Internet child care
services, Internet senior care services, |
and Internet home care services. |
(a) An Internet dating service, Internet child care
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service, Internet senior care service, or Internet home care |
service offering services to Illinois members shall provide a |
safety awareness notification to all Illinois members that |
includes, at a minimum, a list and description of safety |
measures reasonably designed to increase awareness of safer |
dating, child care, senior care, and home care practices as |
determined by the service. |
Examples of such notifications include, but are not limited |
to: |
(1) "Anyone who is able to commit identity theft can |
also falsify a dating profile, a child care profile, a |
senior care profile, or a home care profile."
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(2) "There is no substitute for acting with caution |
when communicating with any stranger who wants to meet |
you."
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(3) "Never include your last name, e-mail address, home |
address, phone number, place of work, or any other |
identifying information in your Internet profile or |
initial e-mail messages. Stop communicating with anyone |
who pressures you for personal or financial information or |
attempts in any way to trick you into revealing it."
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(4) "If you choose to have a face-to-face meeting with |
another member, always tell someone in your family or a |
friend where you are going and when you will return. Never |
agree to be picked up at your home. Always provide your own |
transportation to and from your date and meet in a public |
place with many people around."
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(b) If an Internet dating service, Internet child care
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service, Internet senior care service, or Internet home care |
service does not conduct criminal background screenings on its |
members, the service shall disclose, clearly and |
conspicuously, to all Illinois members that the Internet dating |
service does not conduct criminal background screenings. The |
disclosure shall be provided in two or more of the following |
forms: when an electronic mail message is sent or received by |
an Illinois member, in a "click-through" or other similar |
presentation requiring a member from this State to acknowledge |
that they have received the information required by this Act, |
on the profile describing a member to an Illinois member, and |
on the website pages or homepage of the Internet dating |
service, Internet child care
service, Internet senior care |
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service, or Internet home care service used when an Illinois |
member signs up. A disclosure under this subsection shall be in |
bold, capital letters in at least 12-point type.
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(c) If an Internet dating service, Internet child care
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service, Internet senior care service, or Internet home care |
service conducts criminal background screenings on all of its |
communicating members, then the service shall disclose, |
clearly and conspicuously, to all Illinois members that the |
Internet dating service, Internet child care
service, Internet |
senior care service, or Internet home care service conducts a |
criminal background screening on each member prior to |
permitting an Illinois member to communicate with another |
member. The disclosure shall be provided on the website pages |
used when an Illinois member signs up. A disclosure under this |
subsection shall be in bold, capital letters in at least |
12-point type.
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(d) If an Internet dating service, Internet child care
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service, Internet senior care service, or Internet home care |
service conducts criminal background screenings, then the |
service shall disclose whether it has a policy allowing a |
member who has been identified as having a criminal conviction |
to have access to its service to communicate with any Illinois |
member; shall state that criminal background screenings are not |
foolproof; that they may give members a false sense of |
security; that they are not a perfect safety solution; that |
criminals may circumvent even the most sophisticated search |
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technology; that not all criminal records are public in all |
states and not all databases are up to date; that only publicly |
available convictions are included in the screening; and that |
screenings do not cover other types of convictions or arrests |
or any convictions from foreign countries.
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(Source: P.A. 97-1056, eff. 8-24-12.)
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(815 ILCS 518/15)
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Sec. 15. Unlawful practices for Internet dating services, |
Internet child care
services, Internet senior care services, |
and Internet home care services. It is an unlawful practice |
under the Consumer Fraud and Deceptive Business Practices Act |
for an Internet dating service, Internet child care
service, |
Internet senior care service, or Internet home care service to |
fail to provide notice or falsely indicate that it has |
performed criminal background screenings in accordance with |
this Act.
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(Source: P.A. 97-1056, eff. 8-24-12.)
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(815 ILCS 518/20)
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Sec. 20. No violation to serve as intermediary. An |
Internet service provider or website hosting service does not |
violate this Act as a result of serving as an intermediary for |
the transmission of electronic messages between members of an |
Internet dating service, Internet child care
service, Internet |
senior care service, or Internet home care service.
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