Illinois General Assembly - Full Text of Public Act 100-0927
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Public Act 100-0927


Public Act 0927 100TH GENERAL ASSEMBLY



Public Act 100-0927
SB2560 EnrolledLRB100 16756 JLS 31896 b

    AN ACT concerning business.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Freedom of Information Act is amended by
changing Section 2.15 as follows:
    (5 ILCS 140/2.15)
    Sec. 2.15. Arrest reports and criminal history records.
    (a) Arrest reports. The following chronologically
maintained arrest and criminal history information maintained
by State or local criminal justice agencies shall be furnished
as soon as practical, but in no event later than 72 hours after
the arrest, notwithstanding the time limits otherwise provided
for in Section 3 of this Act: (i) information that identifies
the individual, including the name, age, address, and
photograph, when and if available; (ii) information detailing
any charges relating to the arrest; (iii) the time and location
of the arrest; (iv) the name of the investigating or arresting
law enforcement agency; (v) if the individual is incarcerated,
the amount of any bail or bond; and (vi) if the individual is
incarcerated, the time and date that the individual was
received into, discharged from, or transferred from the
arresting agency's custody.
    (b) Criminal history records. The following documents
maintained by a public body pertaining to criminal history
record information are public records subject to inspection and
copying by the public pursuant to this Act: (i) court records
that are public; (ii) records that are otherwise available
under State or local law; and (iii) records in which the
requesting party is the individual identified, except as
provided under Section 7(1)(d)(vi).
    (c) Information described in items (iii) through (vi) of
subsection (a) may be withheld if it is determined that
disclosure would: (i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings conducted
by any law enforcement agency; (ii) endanger the life or
physical safety of law enforcement or correctional personnel or
any other person; or (iii) compromise the security of any
correctional facility.
    (d) The provisions of this Section do not supersede the
confidentiality provisions for law enforcement or arrest
records of the Juvenile Court Act of 1987.
    (e) Notwithstanding the requirements of subsection (a), a
law enforcement agency may not publish booking photographs,
commonly known as "mugshots", on its social media website in
connection with civil offenses, petty offenses, business
offenses, Class C misdemeanors, and Class B misdemeanors unless
the booking photograph is posted to social media 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.
(Source: P.A. 99-298, eff. 8-6-15.)
    Section 10. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2QQQ as follows:
    (815 ILCS 505/2QQQ)
    Sec. 2QQQ. Criminal record information.
    (a) It is an unlawful practice for any person engaged in
publishing or otherwise disseminating criminal record
information through a print or electronic medium to solicit or
accept the payment of a fee or other consideration to remove,
correct, or modify said criminal record information.
    (b) For the purposes of this Section, "criminal record
information" includes any and all of the following:
        (1) descriptions or notations of any arrests, any
    formal criminal charges, and the disposition of those
    criminal charges, including, but not limited to, any
    information made available under Section 4a of the State
    Records Act or Section 3b of the Local Records Act;
        (2) photographs of the person taken pursuant to an
    arrest or other involvement in the criminal justice system;
        (3) personal identifying information, including a
    person's name, address, date of birth, photograph, and
    social security number or other government-issued
    identification number.
    (c) A person or entity that publishes for profit a person's
criminal record information on a publicly available Internet
website or in any other publication that charges a fee for
removal or correction of the information must correct any
errors in the individual's criminal history information within
5 business days after notification of an error. Failure to
correct an error in the individual's criminal record
information constitutes an unlawful practice within the
meaning of this Act.
    (d) A person whose criminal record information is published
for profit on a publicly available Internet website or in any
other publication that charges a fee for removal or correction
of the information may demand the publisher to correct the
information if the subject of the information, or his or her
representative, sends a letter, via certified mail, to the
publishing entity demanding the information be corrected and
providing documentation of the correct information.
    (e) Failure by a for-profit publishing entity that
publishes on a publicly available Internet website or in any
other publication that charges a fee for removal or correction
of the information to correct the person's published criminal
record information within 5 business days after receipt of the
notice, demand for correction, and the provision of correct
information, constitutes an unlawful and deceptive practice
within the meaning of this Act. In addition to any other remedy
available under this Act, a person who has been injured by a
violation of this Section is entitled to the damages of $100
per day, plus attorney's fees, for the publisher's failure to
correct the criminal record information.
    (f) This Section does not apply to a play, book, magazine,
newspaper, musical, composition, visual work, work of art,
audiovisual work, radio, motion picture, or television
program, or a dramatic, literary, or musical work.
    (g) This Section does not apply to a news medium or
reporter as defined in Section 8-902 of the Code of Civil
    (h) This Section does not apply to the Illinois State
    (i) This Section does not apply to a consumer reporting
agency as defined under 15 U.S.C. 1681a(f).
    (j) Nothing in this Section shall be construed to impose
liability on an interactive computer service, as defined in 47
U.S.C. 230(f)(2), for content provided by another person.
(Source: P.A. 98-555, eff. 1-1-14.)

Effective Date: 1/1/2019