Full Text of HB0044 101st General Assembly
HB0044 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0044 Introduced 1/9/2019, by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/2.15 | | 815 ILCS 505/2QQQ | |
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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 social media 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 media 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 Internet 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. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning arrest records.
| 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 electronically provide or | 21 | | publish booking photographs, commonly known as "mugshots", on | 22 | | its social media website in connection with civil offenses, | 23 | | petty offenses, business offenses, Class C misdemeanors, and | 24 | | Class B misdemeanors unless : (1) the booking photograph is | 25 | | posted to social media to assist in the search for a missing | 26 | | person or to assist in the search for a fugitive, person of |
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| 1 | | interest, or individual wanted in relation to a crime other | 2 | | than a petty offense, business offense, Class C misdemeanor, or | 3 | | Class B misdemeanor ; or (2) the person is convicted of a crime | 4 | | other than a petty offense, business offense, Class C | 5 | | misdemeanor, or Class B misdemeanor . | 6 | | (Source: P.A. 99-298, eff. 8-6-15; 100-927, eff. 1-1-19 .) | 7 | | Section 10. The Consumer Fraud and Deceptive Business | 8 | | Practices Act is amended by changing Section 2QQQ as follows: | 9 | | (815 ILCS 505/2QQQ) | 10 | | Sec. 2QQQ. Criminal record information. | 11 | | (a) It is an unlawful practice for any person engaged in | 12 | | publishing or otherwise disseminating criminal record | 13 | | information through a print or electronic medium to solicit or | 14 | | accept the payment of a fee or other consideration to remove, | 15 | | correct, or modify said criminal record information. | 16 | | (b) For the purposes of this Section, "criminal record | 17 | | information" includes any and all of the following: | 18 | | (1) descriptions or notations of any arrests, any | 19 | | formal criminal charges, and the disposition of those | 20 | | criminal charges, including, but not limited to, any | 21 | | information made available under Section 4a of the State | 22 | | Records Act or Section 3b of the Local Records Act; | 23 | | (2) photographs of the person taken pursuant to an | 24 | | arrest or other involvement in the criminal justice system; |
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| 1 | | or | 2 | | (3) personal identifying information, including a | 3 | | person's name, address, date of birth, photograph, and | 4 | | social security number or other government-issued | 5 | | identification number.
| 6 | | (c) A person or entity that publishes for profit a person's | 7 | | criminal record information on a publicly available Internet | 8 | | website or in any other publication that charges a fee for | 9 | | removal or correction of the information must correct any | 10 | | errors in the individual's criminal history information within | 11 | | 5 business days after notification of an error. Failure to | 12 | | correct an error in the individual's criminal record | 13 | | information constitutes an unlawful practice within the | 14 | | meaning of this Act. | 15 | | (d) A person whose criminal record information is published | 16 | | for profit on a publicly available Internet website or in any | 17 | | other publication that charges a fee for removal or correction | 18 | | of the information may demand the publisher to correct the | 19 | | information if the subject of the information, or his or her | 20 | | representative, sends a letter, via certified mail, to the | 21 | | publishing entity demanding the information be corrected and | 22 | | providing documentation of the correct information. | 23 | | (e) Failure by a for-profit publishing entity that | 24 | | publishes on a publicly available Internet website or in any | 25 | | other publication that charges a fee for removal or correction | 26 | | of the information to correct the person's published criminal |
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| 1 | | record information within 5 business days after receipt of the | 2 | | notice, demand for correction, and the provision of correct | 3 | | information, constitutes an unlawful and deceptive practice | 4 | | within the meaning of this Act. In addition to any other remedy | 5 | | available under this Act, a person who has been injured by a | 6 | | violation of this Section is entitled to the damages of $100 | 7 | | per day, plus attorney's fees, for the publisher's failure to | 8 | | correct the criminal record information. | 9 | | (e-5) It is an unlawful practice for a for-profit | 10 | | publishing entity that publishes on a publicly available | 11 | | Internet website or in any other publication that charges a fee | 12 | | for removal or correction of the information to fail to remove | 13 | | within 30 days, without the imposition of any fee, the criminal | 14 | | record information of a person who provides the entity with: | 15 | | (1) a pardon from the Governor stating that the pardon | 16 | | is issued on the ground of innocence of the charges | 17 | | relating to the criminal record information; | 18 | | (2) a certificate of innocence, issued to the person | 19 | | under Section 2-702 of the Code of Civil Procedure, finding | 20 | | that the person is innocent of all charges relating to the | 21 | | criminal record information; | 22 | | (3) court records indicating that the person was found | 23 | | not guilty or that the case ended without a finding of | 24 | | guilt; or | 25 | | (4) an order to expunge or seal the criminal record | 26 | | information of the person. |
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| 1 | | In addition to any other remedy available under this Act, | 2 | | an entity that violates this subsection is subject to a civil | 3 | | penalty of $1,000 per day, plus attorney's fees. Any proceeds | 4 | | recovered under this subsection shall be deposited into the | 5 | | General Revenue Fund. | 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. 100-927, eff. 1-1-19.)
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