Full Text of SB2560 100th General Assembly
SB2560 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2560 Introduced 2/6/2018, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: |
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Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that persons engaged in the activity of publishing on a website or in print criminal record information must remove the information free of charge within 30 days after a request by the subject of the information. Sets forth qualifications under which a person who is subject to the criminal record information is eligible for the removal of the information. Provides that failure to comply with a request for removal constitutes an unlawful practice. (Current law prohibits the solicitation of payment to remove criminal record information.)
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Consumer Fraud and Deceptive Business | 5 | | Practices Act is amended by changing Section 2QQQ as follows: | 6 | | (815 ILCS 505/2QQQ) | 7 | | Sec. 2QQQ. Criminal record information. | 8 | | (a) As used in this Section: | 9 | | "Criminal record" includes any of the following: | 10 | | (1) descriptions or notations of any arrests, any | 11 | | formal criminal charges, and the disposition of those | 12 | | criminal charges, including, but not limited to, any | 13 | | information made available under Section 4a of the State | 14 | | Records Act or Section 3b of the Local Records Act; | 15 | | (2) photographs or video of the person taken pursuant | 16 | | to an arrest or other involvement in the criminal justice | 17 | | system; and | 18 | | (3) personal identifying information, including a | 19 | | person's name, address, date of birth, photograph, and | 20 | | social security number or other government issued | 21 | | identification number. | 22 | | "Subject individual" means an individual who was arrested | 23 | | and had his or her criminal record recorded and: |
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| 1 | | (1) access to his or her case or charges was restricted | 2 | | pursuant to Section 12 of the Criminal Identification Act; | 3 | | (2) prior to indictment, accusation, or other charging | 4 | | instrument, his or her case was never referred for further | 5 | | prosecution to the proper prosecuting attorney by the | 6 | | arresting law enforcement agency and the offense against | 7 | | such individual was closed by the arresting law enforcement | 8 | | agency; | 9 | | (3) prior to indictment, accusation, or other charging | 10 | | instrument, the statute of limitations expired; | 11 | | (4) prior to indictment, accusation, or other charging | 12 | | instrument, his or her case was referred to the prosecution | 13 | | attorney, but was later dismissed; | 14 | | (5) prior to indictment, accusation, or other charging | 15 | | instrument, the grand jury returned 2 no bills; | 16 | | (6) after indictment or accusation, all charges were | 17 | | dismissed or nolle prossed; | 18 | | (7) after indictment or accusation, the individual is | 19 | | approved for the Offender Initiative Program under Section | 20 | | 5-6-3.3 of the Unified Code of Corrections; or | 21 | | (8) the individual was acquitted of all of the charges | 22 | | by a judge or jury. | 23 | | (b) A person who is engaged in any activity involving or | 24 | | using a computer or computer network and who publishes on the | 25 | | person's website or by print a subject individual's criminal | 26 | | record information for purposes of commerce shall be deemed to |
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| 1 | | be transacting business in this State. Within 30 days after the | 2 | | sending of a written request by a subject individual, stating | 3 | | his or her name, date of birth, date of arrest, and the name of | 4 | | the arresting law enforcement agency, the person shall, without | 5 | | fee or compensation, remove from that person's website or | 6 | | wherever the print form may be posted the subject individual's | 7 | | criminal record. The written request shall be transmitted via | 8 | | certified mail, return receipt requested, to the registered | 9 | | agent, principal place of business, or primary residence of the | 10 | | person who published the website. Failure to comply with the | 11 | | requirements of this Section, constitutes an unlawful practice | 12 | | within the meaning of this Act. | 13 | | (c) An arresting law enforcement agency shall not provide | 14 | | or make available a copy of an individual's criminal record in | 15 | | any format to a person requesting such information if: | 16 | | (1) the information may be placed in a publication, | 17 | | posted to a website, or transferred to a person to be | 18 | | placed in a publication or posted to a website; and | 19 | | (2) removal or deletion of that information from that | 20 | | publication or website requires the payment of a fee or | 21 | | other consideration. | 22 | | (d) When a person requests an individual's booking | 23 | | information, he or she shall submit a sworn statement affirming | 24 | | that the use of the information, including photographs, is in | 25 | | compliance with subsection (c) of this Section. Any person who | 26 | | knowingly makes a false statement in requesting a booking |
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| 1 | | photograph shall be guilty of perjury under Section 32-2 of the | 2 | | Criminal Code of 2012. | 3 | | (a) It is an unlawful practice for any person engaged in | 4 | | publishing or otherwise disseminating criminal record | 5 | | information through a print or electronic medium to solicit or | 6 | | accept the payment of a fee or other consideration to remove, | 7 | | correct, or modify said criminal record information. | 8 | | (b) For the purposes of this Section, "criminal record | 9 | | information" includes any and all of the following: | 10 | | (1) descriptions or notations of any arrests, any | 11 | | formal criminal charges, and the disposition of those | 12 | | criminal charges, including, but not limited to, any | 13 | | information made available under Section 4a of the State | 14 | | Records Act or Section 3b of the Local Records Act; | 15 | | (2) photographs of the person taken pursuant to an | 16 | | arrest or other involvement in the criminal justice system; | 17 | | or | 18 | | (3) personal identifying information, including a | 19 | | person's name, address, date of birth, photograph, and | 20 | | social security number or other government-issued | 21 | | identification number.
| 22 | | (Source: P.A. 98-555, eff. 1-1-14.)
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