Illinois General Assembly - Bill Status for HB3978
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 Bill Status of HB3978  102nd General Assembly


Short Description:  PUBLISHING CRIMINAL RECORDS

House Sponsors
Rep. La Shawn K. Ford

Last Action
DateChamber Action
  3/27/2021HouseRule 19(a) / Re-referred to Rules Committee

Statutes Amended In Order of Appearance
5 ILCS 140/2.15
815 ILCS 505/2QQQ


Synopsis As Introduced
Amends the Freedom of Information Act. Provides that a law enforcement agency may not electronically provide or publish booking photographs unless: (1) the booking photograph is posted to a social networking website to assist in the search for a missing person or to assist in the search for a fugitive, person of interest, or individual wanted in relation to a crime other than a petty offense, business offense, Class C misdemeanor, or Class B misdemeanor; or (2) the person is convicted of a crime other than a petty offense, business offense, Class C misdemeanor, or Class B misdemeanor. Deletes language providing that a law enforcement agency may publish on its social networking website booking photographs relating to charges other than civil offenses, petty offenses, business offenses, Class C misdemeanors, and Class B misdemeanors. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for a for-profit publishing entity that publishes on a publicly available website or in any other publication that charges a fee for removal or correction of the information to fail to remove within 30 days, without the imposition of any fee, the criminal record information of a person who provides the entity with: a pardon from the Governor or a certificate of innocence stating that the person is innocent of all offenses relating to the criminal record information; court records indicating that the person was found not guilty or that the case ended without a finding of guilt; or an order to expunge or seal the criminal record information of the person. Provides that a violating entity is subject to a civil penalty of $1,000 per day, plus attorney's fees, which shall be deposited into the General Revenue Fund.

Actions 
DateChamber Action
  2/24/2021HouseFiled with the Clerk by Rep. La Shawn K. Ford
  3/4/2021HouseFirst Reading
  3/4/2021HouseReferred to Rules Committee
  3/16/2021HouseAssigned to Judiciary - Criminal Committee
  3/25/2021HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. La Shawn K. Ford
  3/25/2021HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/27/2021HouseRule 19(a) / Re-referred to Rules Committee

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