Full Text of SB1599 101st General Assembly
SB1599sam001 101ST GENERAL ASSEMBLY | Sen. Elgie R. Sims, Jr. Filed: 3/12/2019
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| 1 | | AMENDMENT TO SENATE BILL 1599
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1599 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Consumer Fraud and Deceptive Business | 5 | | Practices Act is amended by changing Sections 2QQQ and 11a as | 6 | | follows: | 7 | | (815 ILCS 505/2QQQ) | 8 | | Sec. 2QQQ. Criminal record information. | 9 | | (a) It is an unlawful practice for any person engaged in | 10 | | publishing or otherwise disseminating criminal record | 11 | | information through a print or electronic medium to solicit or | 12 | | accept the payment of a fee or other consideration to remove, | 13 | | correct, or modify said criminal record information. | 14 | | (b) For the purposes of this Section, "criminal record | 15 | | information" includes any and all of the following: | 16 | | (1) descriptions or notations of any arrests, any |
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| 1 | | formal criminal charges, and the disposition of those | 2 | | criminal charges, including, but not limited to, any | 3 | | information made available under Section 4a of the State | 4 | | Records Act or Section 3b of the Local Records Act; | 5 | | (2) photographs of the person taken pursuant to an | 6 | | arrest or other involvement in the criminal justice system; | 7 | | or | 8 | | (3) personal identifying information, including a | 9 | | person's name, address, date of birth, photograph, and | 10 | | social security number or other government-issued | 11 | | identification number.
| 12 | | (c) A person or entity that publishes or otherwise | 13 | | disseminates for profit a person's criminal record information | 14 | | on a publicly available Internet website or in any other | 15 | | publication or criminal history report that charges a fee for | 16 | | removal or correction of the information must correct any | 17 | | errors in the individual's criminal history information within | 18 | | 5 business days after notification of an error. Failure to | 19 | | correct an error in the individual's criminal record | 20 | | information constitutes an unlawful practice within the | 21 | | meaning of this Act. | 22 | | (d) A person whose criminal record information is published | 23 | | for profit on a publicly available Internet website or in any | 24 | | other publication that charges a fee for removal or correction | 25 | | of the information may demand the publisher to correct the | 26 | | information if the subject of the information, or his or her |
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| 1 | | representative, sends a letter, via certified mail, to the | 2 | | publishing entity demanding the information be corrected and | 3 | | providing documentation of the correct information. | 4 | | (e) Failure by a for-profit publishing entity that | 5 | | publishes on a publicly available Internet website or in any | 6 | | other publication or criminal history report that charges a fee | 7 | | for removal or correction of the information to correct the | 8 | | person's published criminal record information within 5 | 9 | | business days after receipt of the notice, demand for | 10 | | correction, and the provision of correct information, | 11 | | constitutes an unlawful and deceptive practice within the | 12 | | meaning of this Act. In addition to any other remedy available | 13 | | under this Act, a person who has been injured by a violation of | 14 | | this Section is entitled to the damages of $100 per day, plus | 15 | | attorney's fees, for the publisher's failure to correct the | 16 | | criminal record information. | 17 | | (f) This Section does not apply to a play, book, magazine, | 18 | | newspaper, musical, composition, visual work, work of art, | 19 | | audiovisual work, radio, motion picture, or television | 20 | | program, or a dramatic, literary, or musical work. | 21 | | (g) This Section does not apply to a news medium or | 22 | | reporter as defined in Section 8-902 of the Code of Civil | 23 | | Procedure. | 24 | | (h) This Section does not apply to the Illinois State | 25 | | Police. | 26 | | (i) This Section does not apply to a consumer reporting |
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| 1 | | agency as defined under 15 U.S.C. 1681a(f). | 2 | | (j) Nothing in this Section shall be construed to impose | 3 | | liability on an interactive computer service, as defined in 47 | 4 | | U.S.C. 230(f)(2), for content provided by another person. | 5 | | (Source: P.A. 100-927, eff. 1-1-19 .)
| 6 | | (815 ILCS 505/11a) (from Ch. 121 1/2, par. 271a)
| 7 | | Sec. 11a. Construction of Act.
| 8 | | (a) This Act shall be liberally construed to effect the | 9 | | purposes thereof.
| 10 | | (b) Nothing in this Act shall be construed to restrict or | 11 | | limit the ability of an aggrieved party to proceed through | 12 | | established federal or State remedies or other alternative | 13 | | methods of redress for similar violations. | 14 | | (Source: P.A. 78-904.)".
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