Full Text of SB2560 100th General Assembly
SB2560enr 100TH GENERAL ASSEMBLY |
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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 Freedom of Information Act is amended by | 5 | | changing Section 2.15 as follows: | 6 | | (5 ILCS 140/2.15)
| 7 | | Sec. 2.15. Arrest reports and criminal history records. | 8 | | (a) Arrest reports. The following chronologically | 9 | | maintained arrest and criminal history information maintained | 10 | | by State or local criminal justice agencies shall be furnished | 11 | | as soon as practical, but in no event later than 72 hours after | 12 | | the arrest, notwithstanding the time limits otherwise provided | 13 | | for in Section 3 of this Act: (i) information that identifies | 14 | | the individual, including the name, age, address, and | 15 | | photograph, when and if available; (ii) information detailing | 16 | | any charges relating to the arrest; (iii) the time and location | 17 | | of the arrest; (iv) the name of the investigating or arresting | 18 | | law enforcement agency; (v) if the individual is incarcerated, | 19 | | the amount of any bail or bond; and (vi) if the individual is | 20 | | incarcerated, the time and date that the individual was | 21 | | received into, discharged from, or transferred from the | 22 | | arresting agency's custody. | 23 | | (b) Criminal history records. The following documents |
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| 1 | | maintained by a public body pertaining to
criminal history | 2 | | record information are public records subject to inspection and | 3 | | copying by the
public pursuant to this Act: (i) court records | 4 | | that are public; (ii) records that are otherwise
available | 5 | | under State or local law; and (iii) records in which the | 6 | | requesting party is the individual
identified, except as | 7 | | provided under Section 7(1)(d)(vi). | 8 | | (c) Information described in items (iii) through (vi) of | 9 | | subsection (a) may be withheld if it is
determined that | 10 | | disclosure would: (i) interfere with pending or actually and | 11 | | reasonably contemplated law enforcement proceedings conducted | 12 | | by any law enforcement agency; (ii) endanger the life or | 13 | | physical safety of law enforcement or correctional personnel or | 14 | | any other person; or (iii) compromise the security of any | 15 | | correctional facility. | 16 | | (d) The provisions of this Section do not supersede the | 17 | | confidentiality provisions for law enforcement or arrest | 18 | | records of the Juvenile Court Act of 1987.
| 19 | | (e) Notwithstanding the requirements of subsection (a), a | 20 | | law enforcement agency may not publish booking photographs, | 21 | | commonly known as "mugshots", on its social media website in | 22 | | connection with civil offenses, petty offenses, business | 23 | | offenses, Class C misdemeanors, and Class B misdemeanors unless | 24 | | the booking photograph is posted to social media to assist in | 25 | | the search for a missing person or to assist in the search for | 26 | | a fugitive, person of interest, or individual wanted in |
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| 1 | | relation to a crime other than a petty offense, business | 2 | | offense, Class C misdemeanor, or Class B misdemeanor. | 3 | | (Source: P.A. 99-298, eff. 8-6-15.) | 4 | | Section 10. 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) It is an unlawful practice for any person engaged in | 9 | | publishing or otherwise disseminating criminal record | 10 | | information through a print or electronic medium to solicit or | 11 | | accept the payment of a fee or other consideration to remove, | 12 | | correct, or modify said criminal record information. | 13 | | (b) For the purposes of this Section, "criminal record | 14 | | information" includes any and all of the following: | 15 | | (1) descriptions or notations of any arrests, any | 16 | | formal criminal charges, and the disposition of those | 17 | | criminal charges, including, but not limited to, any | 18 | | information made available under Section 4a of the State | 19 | | Records Act or Section 3b of the Local Records Act; | 20 | | (2) photographs of the person taken pursuant to an | 21 | | arrest or other involvement in the criminal justice system; | 22 | | or | 23 | | (3) personal identifying information, including a | 24 | | person's name, address, date of birth, photograph, and |
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| 1 | | social security number or other government-issued | 2 | | identification number.
| 3 | | (c) A person or entity that publishes for profit a person's | 4 | | criminal record information on a publicly available Internet | 5 | | website or in any other publication that charges a fee for | 6 | | removal or correction of the information must correct any | 7 | | errors in the individual's criminal history information within | 8 | | 5 business days after notification of an error. Failure to | 9 | | correct an error in the individual's criminal record | 10 | | information constitutes an unlawful practice within the | 11 | | meaning of this Act. | 12 | | (d) A person whose criminal record information is published | 13 | | for profit on a publicly available Internet website or in any | 14 | | other publication that charges a fee for removal or correction | 15 | | of the information may demand the publisher to correct the | 16 | | information if the subject of the information, or his or her | 17 | | representative, sends a letter, via certified mail, to the | 18 | | publishing entity demanding the information be corrected and | 19 | | providing documentation of the correct information. | 20 | | (e) Failure by a for-profit publishing entity that | 21 | | publishes on a publicly available Internet website or in any | 22 | | other publication that charges a fee for removal or correction | 23 | | of the information to correct the person's published criminal | 24 | | record information within 5 business days after receipt of the | 25 | | notice, demand for correction, and the provision of correct | 26 | | information, constitutes an unlawful and deceptive practice |
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| 1 | | within the meaning of this Act. In addition to any other remedy | 2 | | available under this Act, a person who has been injured by a | 3 | | violation of this Section is entitled to the damages of $100 | 4 | | per day, plus attorney's fees, for the publisher's failure to | 5 | | correct the criminal record information. | 6 | | (f) This Section does not apply to a play, book, magazine, | 7 | | newspaper, musical, composition, visual work, work of art, | 8 | | audiovisual work, radio, motion picture, or television | 9 | | program, or a dramatic, literary, or musical work. | 10 | | (g) This Section does not apply to a news medium or | 11 | | reporter as defined in Section 8-902 of the Code of Civil | 12 | | Procedure. | 13 | | (h) This Section does not apply to the Illinois State | 14 | | Police. | 15 | | (i) This Section does not apply to a consumer reporting | 16 | | agency as defined under 15 U.S.C. 1681a(f). | 17 | | (j) Nothing in this Section shall be construed to impose | 18 | | liability on an interactive computer service, as defined in 47 | 19 | | U.S.C. 230(f)(2), for content provided by another person. | 20 | | (Source: P.A. 98-555, eff. 1-1-14.)
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