HB0291 101ST GENERAL ASSEMBLY

LRB101 04584 SLF 49592 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0291

Introduced , by Rep. David McSweeney

SYNOPSIS AS INTRODUCED:

720 ILCS 5/49-7 new

Amends the Criminal Code of 2012. Provides that a person commits improper disclosure of location information of a public official or human service provider when he or she knowingly obtains and discloses to any other person the location information of a public official or human service provider. Provides that a person commits improper disclosure of personal information of a public official or human service provider when he or she knowingly obtains and discloses to any other person the personal information of a public official or human service provider. Provides that improper disclosure of location information of a public official or human service provider is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Provides that improper disclosure of personal information of a public official or human service provider is a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense. Provides that is not a violation to disclose the business address or place of work of a public official or human service provider. Defines terms.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by adding Section 49-7 as follows:

(720 ILCS 5/49-7 new)

Sec. 49-7. Improper disclosure of personal or location information of a public official or human service provider.

(a) In this Section:

"Human service provider" has same meaning ascribed to the term in Section 12-9 of this Code.

"Location information" means information about a person's physical whereabouts, including, but not limited to, the home address, home telephone number, cellular telephone number, or e-mail address of that person.

"Personal information" means either of the following:

(1) A person's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or redacted or are encrypted or redacted but the keys to unencrypt or unredact or otherwise read the name or data elements have been acquired without authorization through the breach of security:

(A) Social Security number;

(B) driver's license number or State identification card number;

(C) account number or credit or debit card number, or an account number or credit card number in combination with any required security code, access code, or password that would permit access to an individual's financial account;

(D) medical information;

(E) health insurance information; or

(F) unique biometric data generated from measurements or technical analysis of human body characteristics used by the owner or licensee to authenticate an individual, such as a fingerprint, retina or iris image, or other unique physical representation or digital representation of biometric data.

(2) User name or email address, in combination with a password or security question and answer that would permit access to an online account, when either the user name or email address or password or security question and answer are not encrypted or redacted or are encrypted or redacted but the keys to unencrypt or unredact or otherwise read the data elements have been obtained through the breach of security.

"Personal information" does not include publicly available information that is lawfully made available to the general public from federal, State, or local government records.

"Public official" has same meaning ascribed to the term in Section 12-9 of this Code.

(b) A person commits improper disclosure of location information of a public official or human service provider when he or she knowingly obtains and discloses to any other person the location information of a public official or human service provider.

(c) A person commits improper disclosure of personal information of a public official or human service provider when he or she knowingly obtains and discloses to any other person the personal information of a public official or human service provider.

(d) It is not a violation of this Section to disclose the business address or place of work of a public official or human service provider.

(e) Sentence. Improper disclosure of location information of a public official or human service provider is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Improper disclosure of personal information of a public official or human service provider is a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense.