Full Text of HB3885 100th General Assembly
HB3885 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3885 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: |
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Creates the Conviction History Reporting Act. Prohibits a consumer reporting agency from reporting in a criminal history report (1) criminal history information that antedates the report by more than 5 years and (2) criminal history record information that is not conviction information. Authorizes the recovery of damages, punitive damages, and attorney's fees. Effective immediately.
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| | 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 1. Short title. This Act may be cited as the | 5 | | Conviction History Reporting Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Consumer reporting agency" means any person or entity | 8 | | that, for monetary fees, dues, or on a cooperative non-profit | 9 | | basis, regularly engages, in whole or in part, in the practice | 10 | | of assembling or evaluating criminal history record | 11 | | information on individuals for the purpose of furnishing | 12 | | criminal history reports to third parties. | 13 | | "Conviction information" means data reflecting a judgment | 14 | | of guilt or nolo contendere or any disposition arising | 15 | | therefrom, including sentencing, correctional supervision, | 16 | | rehabilitation, or release. For purposes of this Act, an order | 17 | | of supervision or qualified probation as defined by Section 5.2 | 18 | | of the Criminal Identification Act that has been discharged or | 19 | | dismissed shall not be deemed conviction information. | 20 | | "Criminal history record information" means records of | 21 | | arrest, complaint, indictment, or any disposition arising | 22 | | therefrom. | 23 | | "Criminal history report" means any written, oral, or other |
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| 1 | | communication of information that includes criminal history | 2 | | record information about a natural person. | 3 | | Section 10. Applicability; exclusion. The provisions of | 4 | | this Act do not apply to background collected, maintained, or | 5 | | disseminated pursuant to the Illinois Uniform Conviction | 6 | | Information Act. | 7 | | Section 15. Limit on reporting of criminal history record | 8 | | information. | 9 | | (a) A criminal history report furnished to a third party | 10 | | shall not include (1) criminal history information that | 11 | | antedates the report by more than 5 years or (2) criminal | 12 | | history record information that is not conviction information. | 13 | | (b) Nothing in this Act abrogates a consumer reporting | 14 | | agency's ability to (1) report that an individual is currently | 15 | | subject to a publicly available registry established under the | 16 | | laws of this State or (2) otherwise report information that is | 17 | | not criminal history record information. | 18 | | Section 20. Remedies. If a consumer reporting agency | 19 | | violates the terms of this Act, the subject of any criminal | 20 | | history report may recover in a civil action: | 21 | | (1) damages in the amount of $1,000 for each report | 22 | | provided to a third party in violation of this Act or | 23 | | actual damages, whichever is greater; |
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| 1 | | (2) costs and such reasonable attorney's fees as may be | 2 | | allowed by the court; and | 3 | | (3) any other relief as may be appropriate, including | 4 | | punitive damages.
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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