Illinois General Assembly - Full Text of HB5891
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Full Text of HB5891  98th General Assembly

HB5891eng 98TH GENERAL ASSEMBLY

  
  
  

 


 
HB5891 EngrossedLRB098 18853 JLS 53999 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Internet Dating, Internet Child Care,
5Internet Senior Care, and Internet Home Care Safety Act is
6amended by changing Section 10 as follows:
 
7    (815 ILCS 518/10)
8    Sec. 10. Requirements for Internet dating services,
9Internet child care services, Internet senior care services,
10and Internet home care services.
11    (a) An Internet dating service, Internet child care
12service, Internet senior care service, or Internet home care
13service offering services to Illinois members shall provide a
14safety awareness notification to all Illinois members that
15includes, at a minimum, a list and description of safety
16measures reasonably designed to increase awareness of safer
17dating, child care, senior care, and home care practices as
18determined by the service.
19    Examples of such notifications include, but are not limited
20to:
21        (1) "Anyone who is able to commit identity theft can
22    also falsify a dating profile, a child care profile, a
23    senior care profile, or a home care profile."

 

 

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1        (2) "There is no substitute for acting with caution
2    when communicating with any stranger who wants to meet
3    you."
4        (3) "Never include your last name, e-mail address, home
5    address, phone number, place of work, or any other
6    identifying information in your Internet profile or
7    initial e-mail messages. Stop communicating with anyone
8    who pressures you for personal or financial information or
9    attempts in any way to trick you into revealing it."
10        (4) "If you choose to have a face-to-face meeting with
11    another member, always tell someone in your family or a
12    friend where you are going and when you will return. Never
13    agree to be picked up at your home. Always provide your own
14    transportation to and from your date and meet in a public
15    place with many people around."
16    (b) If an Internet dating service, Internet child care
17service, Internet senior care service, or Internet home care
18service does not conduct criminal background screenings on its
19members, the service shall disclose, clearly and conspicuously
20in a manner that is readily apparent to the viewer of the
21disclosure, to all Illinois members that the Internet dating
22service does not conduct criminal background screenings. The
23disclosure shall be provided in two or more of the following
24forms: when an electronic mail message is sent or received by
25an Illinois member, in a "click-through" or other similar
26presentation requiring a member from this State to acknowledge

 

 

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1that they have received the information required by this Act,
2on the profile describing a member to an Illinois member, and
3on the website pages or homepage of the Internet dating
4service, Internet child care service, Internet senior care
5service, or Internet home care service used when an Illinois
6member signs up. A disclosure under this subsection shall be in
7bold, capital letters in at least 12-point type.
8    (c) If an Internet dating service, Internet child care
9service, Internet senior care service, or Internet home care
10service conducts criminal background screenings on all of its
11communicating members, then the service shall disclose,
12clearly and conspicuously in a manner that is readily apparent
13to the viewer of the disclosure, to all Illinois members that
14the Internet dating service, Internet child care service,
15Internet senior care service, or Internet home care service
16conducts a criminal background screening on each member prior
17to permitting an Illinois member to communicate with another
18member. The disclosure shall be provided on the website pages
19used when an Illinois member signs up. A disclosure under this
20subsection shall be in bold, capital letters in at least
2112-point type.
22    (d) If an Internet dating service, Internet child care
23service, Internet senior care service, or Internet home care
24service conducts criminal background screenings, then the
25service shall disclose whether it has a policy allowing a
26member who has been identified as having a criminal conviction

 

 

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1to have access to its service to communicate with any Illinois
2member; shall state that criminal background screenings are not
3foolproof; that they may give members a false sense of
4security; that they are not a perfect safety solution; that
5criminals may circumvent even the most sophisticated search
6technology; that not all criminal records are public in all
7states and not all databases are up to date; that only publicly
8available convictions are included in the screening; and that
9screenings do not cover other types of convictions or arrests
10or any convictions from foreign countries.
11(Source: P.A. 97-1056, eff. 8-24-12; 98-458, eff. 8-16-13.)