Full Text of HB3978 102nd General Assembly
HB3978 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3978 Introduced 3/4/2021, 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 a social networking website 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 networking 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 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 | 17 | | location of the arrest; (iv) the name of the investigating or | 18 | | arresting law enforcement agency; (v) if the individual is | 19 | | incarcerated, the amount of any bail or bond; and (vi) if the | 20 | | individual is incarcerated, the time and date that the | 21 | | individual was received into, discharged from, or transferred | 22 | | from the 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 | 3 | | and copying by the
public pursuant to this Act: (i) court | 4 | | records that are public; (ii) records that are otherwise
| 5 | | available under State or local law; and (iii) records in which | 6 | | the 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 | 14 | | or 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 networking website in connection with civil | 23 | | offenses, petty offenses, business offenses, Class C | 24 | | misdemeanors, and Class B misdemeanors unless : (1) the booking | 25 | | photograph is posted to the social networking website to | 26 | | assist in the search for a missing person or to assist in the |
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| 1 | | search for a fugitive, person of interest, or individual | 2 | | wanted in relation to a crime other than a petty offense, | 3 | | business offense, Class C misdemeanor, or Class B misdemeanor ; | 4 | | or (2) the person is convicted of a crime other than a petty | 5 | | offense, business offense, Class C misdemeanor, or Class B | 6 | | misdemeanor . As used in this subsection, "social networking | 7 | | website" has the meaning provided in Section 10 of the Right to | 8 | | Privacy in the Workplace Act. | 9 | | (Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.) | 10 | | Section 10. The Consumer Fraud and Deceptive Business | 11 | | Practices Act is amended by changing Section 2QQQ as follows: | 12 | | (815 ILCS 505/2QQQ) | 13 | | Sec. 2QQQ. Criminal record information. | 14 | | (a) It is an unlawful practice for any person engaged in | 15 | | publishing or otherwise disseminating criminal record | 16 | | information through a print or electronic medium to solicit or | 17 | | accept the payment of a fee or other consideration to remove, | 18 | | correct, or modify said criminal record information. | 19 | | (b) For the purposes of this Section, "criminal record | 20 | | information" includes any and all of the following: | 21 | | (1) descriptions or notations of any arrests, any | 22 | | formal criminal charges, and the disposition of those | 23 | | criminal charges, including, but not limited to, any | 24 | | information made available under Section 4a of the State |
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| 1 | | Records Act or Section 3b of the Local Records Act; | 2 | | (2) photographs of the person taken pursuant to an | 3 | | arrest or other involvement in the criminal justice | 4 | | system; or | 5 | | (3) personal identifying information, including a | 6 | | person's name, address, date of birth, photograph, and | 7 | | social security number or other government-issued | 8 | | identification number.
| 9 | | (c) A person or entity that publishes or otherwise | 10 | | disseminates for profit a person's criminal record information | 11 | | on a publicly available Internet website or in any other | 12 | | publication or criminal history report that charges a fee for | 13 | | removal or correction of the information must correct any | 14 | | errors in the individual's criminal history information within | 15 | | 5 business days after notification of an error. Failure to | 16 | | correct an error in the individual's criminal record | 17 | | information constitutes an unlawful practice within the | 18 | | meaning of this Act. | 19 | | (d) A person whose criminal record information is | 20 | | published for profit on a publicly available Internet website | 21 | | or in any other publication that charges a fee for removal or | 22 | | correction of the information may demand the publisher to | 23 | | correct the information if the subject of the information, or | 24 | | his or her representative, sends a letter, via certified mail, | 25 | | to the publishing entity demanding the information be | 26 | | corrected and providing documentation of the correct |
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| 1 | | information. | 2 | | (e) Failure by a for-profit publishing entity that | 3 | | publishes on a publicly available Internet website or in any | 4 | | other publication or criminal history report that charges a | 5 | | fee for removal or correction of the information to correct | 6 | | the person's published criminal record information within 5 | 7 | | business days after receipt of the notice, demand for | 8 | | correction, and the provision of correct information, | 9 | | constitutes an unlawful and deceptive practice within the | 10 | | meaning of this Act. In addition to any other remedy available | 11 | | under this Act, a person who has been injured by a violation of | 12 | | this Section is entitled to the damages of $100 per day, plus | 13 | | attorney's fees, for the publisher's failure to correct the | 14 | | criminal record information. | 15 | | (e-5) It is an unlawful practice for a for-profit | 16 | | publishing entity that publishes on a publicly available | 17 | | Internet website or in any other publication that charges a | 18 | | fee for removal or correction of the information to fail to | 19 | | remove within 30 days, without the imposition of any fee, the | 20 | | criminal record information of a person who provides the | 21 | | entity with: | 22 | | (1) a pardon from the Governor stating that the pardon | 23 | | is issued on the ground of innocence of the charges | 24 | | relating to the criminal record information; | 25 | | (2) a certificate of innocence, issued to the person | 26 | | under Section 2-702 of the Code of Civil Procedure, |
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| 1 | | finding that the person is innocent of all charges | 2 | | relating to the criminal record information; | 3 | | (3) court records indicating that the person was found | 4 | | not guilty or that the case ended without a finding of | 5 | | guilt; or | 6 | | (4) an order to expunge or seal the criminal record | 7 | | information of the person. | 8 | | In addition to any other remedy available under this Act, | 9 | | an entity that violates this subsection is subject to a civil | 10 | | penalty of $1,000 per day, plus attorney's fees. Any proceeds | 11 | | recovered under this subsection shall be deposited into the | 12 | | General Revenue Fund. | 13 | | (f) This Section does not apply to a play, book, magazine, | 14 | | newspaper, musical, composition, visual work, work of art, | 15 | | audiovisual work, radio, motion picture, or television | 16 | | program, or a dramatic, literary, or musical work. | 17 | | (g) This Section does not apply to a news medium or | 18 | | reporter as defined in Section 8-902 of the Code of Civil | 19 | | Procedure. | 20 | | (h) This Section does not apply to the Illinois State | 21 | | Police. | 22 | | (i) This Section does not apply to a consumer reporting | 23 | | agency as defined under 15 U.S.C. 1681a(f). | 24 | | (j) Nothing in this Section shall be construed to impose | 25 | | liability on an interactive computer service, as defined in 47 | 26 | | U.S.C. 230(f)(2), for content provided by another person. |
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| 1 | | (Source: P.A. 100-927, eff. 1-1-19; 101-431, eff. 1-1-20 .)
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