SB2560 EngrossedLRB100 16756 JLS 31896 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing 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
9maintained arrest and criminal history information maintained
10by State or local criminal justice agencies shall be furnished
11as soon as practical, but in no event later than 72 hours after
12the arrest, notwithstanding the time limits otherwise provided
13for in Section 3 of this Act: (i) information that identifies
14the individual, including the name, age, address, and
15photograph, when and if available; (ii) information detailing
16any charges relating to the arrest; (iii) the time and location
17of the arrest; (iv) the name of the investigating or arresting
18law enforcement agency; (v) if the individual is incarcerated,
19the amount of any bail or bond; and (vi) if the individual is
20incarcerated, the time and date that the individual was
21received into, discharged from, or transferred from the
22arresting agency's custody.
23    (b) Criminal history records. The following documents

 

 

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1maintained by a public body pertaining to criminal history
2record information are public records subject to inspection and
3copying by the public pursuant to this Act: (i) court records
4that are public; (ii) records that are otherwise available
5under State or local law; and (iii) records in which the
6requesting party is the individual identified, except as
7provided under Section 7(1)(d)(vi).
8    (c) Information described in items (iii) through (vi) of
9subsection (a) may be withheld if it is determined that
10disclosure would: (i) interfere with pending or actually and
11reasonably contemplated law enforcement proceedings conducted
12by any law enforcement agency; (ii) endanger the life or
13physical safety of law enforcement or correctional personnel or
14any other person; or (iii) compromise the security of any
15correctional facility.
16    (d) The provisions of this Section do not supersede the
17confidentiality provisions for law enforcement or arrest
18records of the Juvenile Court Act of 1987.
19    (e) Notwithstanding the requirements of subsection (a), a
20law enforcement agency may not publish booking photographs,
21commonly known as "mugshots", on its social media website in
22connection with civil offenses, petty offenses, business
23offenses, Class C misdemeanors, and Class B misdemeanors unless
24the booking photograph is posted to social media to assist in
25the search for a missing person or to assist in the search for
26a fugitive, person of interest, or individual wanted in

 

 

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1relation to a crime other than a petty offense, business
2offense, 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
5Practices 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
9publishing or otherwise disseminating criminal record
10information through a print or electronic medium to solicit or
11accept the payment of a fee or other consideration to remove,
12correct, or modify said criminal record information.
13    (b) For the purposes of this Section, "criminal record
14information" 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
4criminal record information on a publicly available Internet
5website or in any other publication that charges a fee for
6removal or correction of the information must correct any
7errors in the individual's criminal history information within
85 business days after notification of an error. Failure to
9correct an error in the individual's criminal record
10information constitutes an unlawful practice within the
11meaning of this Act.
12    (d) A person whose criminal record information is published
13for profit on a publicly available Internet website or in any
14other publication that charges a fee for removal or correction
15of the information may demand the publisher to correct the
16information if the subject of the information, or his or her
17representative, sends a letter, via certified mail, to the
18publishing entity demanding the information be corrected and
19providing documentation of the correct information.
20    (e) Failure by a for-profit publishing entity that
21publishes on a publicly available Internet website or in any
22other publication that charges a fee for removal or correction
23of the information to correct the person's published criminal
24record information within 5 business days after receipt of the
25notice, demand for correction, and the provision of correct
26information, constitutes an unlawful and deceptive practice

 

 

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1within the meaning of this Act. In addition to any other remedy
2available under this Act, a person who has been injured by a
3violation of this Section is entitled to the damages of $100
4per day, plus attorney's fees, for the publisher's failure to
5correct the criminal record information.
6    (f) This Section does not apply to a play, book, magazine,
7newspaper, musical, composition, visual work, work of art,
8audiovisual work, radio, motion picture, or television
9program, or a dramatic, literary, or musical work.
10    (g) This Section does not apply to a news medium or
11reporter as defined in Section 8-902 of the Code of Civil
12Procedure.
13    (h) This Section does not apply to the Illinois State
14Police.
15    (i) This Section does not apply to a consumer reporting
16agency as defined under 15 U.S.C. 1681a(f).
17    (j) Nothing in this Section shall be construed to impose
18liability on an interactive computer service, as defined in 47
19U.S.C. 230(f)(2), for content provided by another person.
20(Source: P.A. 98-555, eff. 1-1-14.)