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
3everything after the enacting clause with the following:
 
4    "Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by changing Sections 2QQQ and 11a as
6follows:
 
7    (815 ILCS 505/2QQQ)
8    Sec. 2QQQ. Criminal record information.
9    (a) It is an unlawful practice for any person engaged in
10publishing or otherwise disseminating criminal record
11information through a print or electronic medium to solicit or
12accept the payment of a fee or other consideration to remove,
13correct, or modify said criminal record information.
14    (b) For the purposes of this Section, "criminal record
15information" 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
13disseminates for profit a person's criminal record information
14on a publicly available Internet website or in any other
15publication or criminal history report that charges a fee for
16removal or correction of the information must correct any
17errors in the individual's criminal history information within
185 business days after notification of an error. Failure to
19correct an error in the individual's criminal record
20information constitutes an unlawful practice within the
21meaning of this Act.
22    (d) A person whose criminal record information is published
23for profit on a publicly available Internet website or in any
24other publication that charges a fee for removal or correction
25of the information may demand the publisher to correct the
26information if the subject of the information, or his or her

 

 

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1representative, sends a letter, via certified mail, to the
2publishing entity demanding the information be corrected and
3providing documentation of the correct information.
4    (e) Failure by a for-profit publishing entity that
5publishes on a publicly available Internet website or in any
6other publication or criminal history report that charges a fee
7for removal or correction of the information to correct the
8person's published criminal record information within 5
9business days after receipt of the notice, demand for
10correction, and the provision of correct information,
11constitutes an unlawful and deceptive practice within the
12meaning of this Act. In addition to any other remedy available
13under this Act, a person who has been injured by a violation of
14this Section is entitled to the damages of $100 per day, plus
15attorney's fees, for the publisher's failure to correct the
16criminal record information.
17    (f) This Section does not apply to a play, book, magazine,
18newspaper, musical, composition, visual work, work of art,
19audiovisual work, radio, motion picture, or television
20program, or a dramatic, literary, or musical work.
21    (g) This Section does not apply to a news medium or
22reporter as defined in Section 8-902 of the Code of Civil
23Procedure.
24    (h) This Section does not apply to the Illinois State
25Police.
26    (i) This Section does not apply to a consumer reporting

 

 

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1agency as defined under 15 U.S.C. 1681a(f).
2    (j) Nothing in this Section shall be construed to impose
3liability on an interactive computer service, as defined in 47
4U.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
9purposes thereof.
10    (b) Nothing in this Act shall be construed to restrict or
11limit the ability of an aggrieved party to proceed through
12established federal or State remedies or other alternative
13methods of redress for similar violations.
14(Source: P.A. 78-904.)".