100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3885
 
Introduced , by Rep. Sonya M. Harper
 
SYNOPSIS AS INTRODUCED:
 

 
New Act

     Creates the Conviction History Reporting Act. Prohibits a consumer reporting agency from reporting in a criminal history report (1) criminal history information that antedates the report by more than 5 years and (2) criminal history record information that is not conviction information. Authorizes the recovery of damages, punitive damages, and attorney's fees. Effective immediately.
  


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A BILL FOR
 

  
HB3885LRB100 10564 JLS 20781 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 1. Short title. This Act may be cited as the 
5Conviction History Reporting Act.
 
6    Section 5. Definitions. In this Act:
7    "Consumer reporting agency" means any person or entity 
8that, for monetary fees, dues, or on a cooperative non-profit 
9basis, regularly engages, in whole or in part, in the practice 
10of assembling or evaluating criminal history record 
11information on individuals for the purpose of furnishing 
12criminal history reports to third parties.
13    "Conviction information" means data reflecting a judgment 
14of guilt or nolo contendere or any disposition arising 
15therefrom, including sentencing, correctional supervision, 
16rehabilitation, or release. For purposes of this Act, an order 
17of supervision or qualified probation as defined by Section 5.2 
18of the Criminal Identification Act that has been discharged or 
19dismissed shall not be deemed conviction information.
20    "Criminal history record information" means records of 
21arrest, complaint, indictment, or any disposition arising 
22therefrom.
23    "Criminal history report" means any written, oral, or other 
 
 
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1communication of information that includes criminal history 
2record information about a natural person.
 
3    Section 10. Applicability; exclusion. The provisions of 
4this Act do not apply to background collected, maintained, or 
5disseminated pursuant to the Illinois Uniform Conviction 
6Information Act.
 
7    Section 15. Limit on reporting of criminal history record 
8information.
9    (a) A criminal history report furnished to a third party 
10shall not include (1) criminal history information that 
11antedates the report by more than 5 years or (2) criminal 
12history record information that is not conviction information.
13    (b) Nothing in this Act abrogates a consumer reporting 
14agency's ability to (1) report that an individual is currently 
15subject to a publicly available registry established under the 
16laws of this State or (2) otherwise report information that is 
17not criminal history record information.
 
18    Section 20. Remedies. If a consumer reporting agency 
19violates the terms of this Act, the subject of any criminal 
20history report may recover in a civil action:
21        (1) damages in the amount of $1,000 for each report 
22    provided to a third party in violation of this Act or 
23    actual damages, whichever is greater;
 
 
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1        (2) costs and such reasonable attorney's fees as may be 
2    allowed by the court; and
3        (3) any other relief as may be appropriate, including 
4    punitive damages.
 
 
5    Section 99. Effective date. This Act takes effect upon 
6becoming law.