(20 ILCS 2635/15) (from Ch. 38, par. 1615)
Sec. 15. Civil damages. (A) In any action brought pursuant to this
Act, an individual aggrieved by any violation of this Act shall be entitled
to recover actual and general compensatory damages for each violation,
together with costs and attorney's fees reasonably incurred, consistent
with Section 16 of this Act. In addition, an individual aggrieved by a
willful violation of this Act shall be entitled to recover $1,000. In
addition, an individual aggrieved by a non-willful violation of this Act
for which there has been dissemination of inaccurate or incomplete
conviction information shall be entitled to recover $200; provided,
however, if conviction information is determined to be incomplete or
inaccurate, by audit, by individual review and challenge procedures, or by
other verifiable means, then the individual aggrieved shall only be
entitled to recover such amount if the Illinois State Police fails to correct the
information within 30 days.
(B) For the purposes of this Act, the State of Illinois shall be liable
for damages as provided in this Section and for attorney's fees and
litigation costs as provided in Section 16 of this Act. All damage claims
against the State of Illinois or any of its agencies for violations of this
Act shall be determined by the Court of Claims.
(C) For purposes of limiting the amount of civil damages that may be
assessed against the State of Illinois or a unit of local government
pursuant to this Section, a State agency, a unit of local government, and
the officials or employees of a State agency or a unit of local government
may in good faith rely upon the assurance of another State agency or unit
of local government that conviction information is maintained or
disseminated in compliance with the provisions of this Act. However, such
reliance shall not constitute a defense with respect to equitable or
declaratory relief.
(D) For purposes of limiting the amount of damages that may be assessed
against the State of Illinois pursuant to this Section, the Illinois State Police may
in good faith presume that the conviction information reported to it by a
clerk of the circuit court or a criminal justice agency is accurate.
However, such presumption shall not constitute a defense with respect to
equitable or declaratory relief.
(Source: P.A. 102-538, eff. 8-20-21.)
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