Judiciary II - Criminal Law Committee
Filed: 4/3/2008
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1 | AMENDMENT TO HOUSE BILL 563
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2 | AMENDMENT NO. ______. Amend House Bill 563, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Internet Dating Disclosure and Safety Awareness Act. | ||||||
7 | Section 5. Definitions. As used in this Act: | ||||||
8 | "Communicate" or "communicating" means free-form text | ||||||
9 | authored by a member or real-time voice communication through | ||||||
10 | an online dating service provider. | ||||||
11 | "Member" means a person who submits to an online dating | ||||||
12 | service provider the information required by the provider to | ||||||
13 | access the provider's service for the purpose of engaging in | ||||||
14 | dating, participating in compatibility evaluations with other | ||||||
15 | persons, or obtaining matrimonial matching services. | ||||||
16 | "Online dating service provider" or "provider" means a |
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1 | person engaged in the business of offering or providing to its | ||||||
2 | members for a fee access to dating, compatibility evaluations | ||||||
3 | between persons, or matrimonial matching services through the | ||||||
4 | Internet. | ||||||
5 | "Sex offender registrant search" means a search for a | ||||||
6 | person's current and historical registration status on each | ||||||
7 | state's available sex offender registry, including the | ||||||
8 | District of Columbia and Puerto Rico, initiated by an online | ||||||
9 | dating service provider conducted through one of the means | ||||||
10 | provided for in Section 10 of this Act. | ||||||
11 | "Sex offense conviction" means a conviction for an offense | ||||||
12 | that would qualify the offender for registration as a sex | ||||||
13 | offender pursuant to the Sex Offender Registration Act or under | ||||||
14 | another state's equivalent statute. | ||||||
15 | Section 10. Sex offender registrant search. For purposes of | ||||||
16 | this Act, a sex offender registrant search shall be conducted | ||||||
17 | through one of the following means: | ||||||
18 | (1) by searching each available and regularly updated | ||||||
19 | state-wide sex offender registry database in all 50 states | ||||||
20 | plus Washington, D.C. and Puerto Rico; or | ||||||
21 | (2) by searching a database maintained and regularly | ||||||
22 | updated by a private vendor whose database contains | ||||||
23 | state-wide sex offender registrant information for all 50 | ||||||
24 | states plus Washington, D.C. and Puerto Rico as would be | ||||||
25 | otherwise accessible through searches of all the available |
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1 | government databases specified in item (1) of this Section. | ||||||
2 | Section 15. Sex offender registrant search; disclosures. | ||||||
3 | (a) An online dating service provider offering services to | ||||||
4 | residents of this State shall disclose clearly and | ||||||
5 | conspicuously, to any member who provides a billing address or | ||||||
6 | a zip code in this State when registering with the provider, if | ||||||
7 | the online dating service provider does not initiate such a sex | ||||||
8 | offender registrant search. | ||||||
9 | (b) If the online dating service provider does not initiate | ||||||
10 | sex offender registrant searches, the provider must make a | ||||||
11 | disclosure that shall read: | ||||||
12 | "NO SEX OFFENDER REGISTRY SEARCH IS DONE ON MEMBERS WHO | ||||||
13 | USE THIS SERVICE. PLEASE TAKE APPROPRIATE SAFETY MEASURES | ||||||
14 | TO INCREASE AWARENESS OF POSSIBLE RISKS ASSOCIATED WITH | ||||||
15 | DATING."
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16 | (c) The disclosure required by subsection (b) of this | ||||||
17 | Section shall appear on a web page required to be viewed by a | ||||||
18 | person applying to be a member who has indicated a billing | ||||||
19 | address or zip code in this State in the registration process. | ||||||
20 | The disclosure cannot be more than 3 inches from the top of the | ||||||
21 | web page and must be: | ||||||
22 | (1) in bold capital letters; | ||||||
23 | (2) in at least 12 point type; and | ||||||
24 | (3) in a color that contrasts from the background. | ||||||
25 | The provider shall require the applicant in this State to |
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1 | make an electronic acknowledgement that the applicant has been | ||||||
2 | provided the disclosure before the applicant is accepted as a | ||||||
3 | member. The disclosure required by subsection (b) of this | ||||||
4 | Section shall additionally appear on any page that appears to a | ||||||
5 | member in this State each time that member initiates or | ||||||
6 | receives a communication with another member through the | ||||||
7 | provider's service. | ||||||
8 | (d) If the online dating service provider conducts sex | ||||||
9 | offender registry searches and the provider has a policy | ||||||
10 | allowing a member who has been identified as being on a sex | ||||||
11 | offender registry to have access to its service to communicate | ||||||
12 | with any member in this State, the provider shall clearly and | ||||||
13 | conspicuously disclose on any communication to a member in this | ||||||
14 | State from the member who has been identified
as having been on | ||||||
15 | a sex offender registry, and on any web page that is seen by or | ||||||
16 | transmitted to a member in this State that contains the | ||||||
17 | personal information for the member who has been identified as | ||||||
18 | having been on a sex offender registry and that is seen by or | ||||||
19 | communicated to a member in this State, a disclosure that shall | ||||||
20 | read:
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21 | "THIS PERSON HAS BEEN IDENTIFIED AS A CURRENT OR FORMER | ||||||
22 | SEX OFFENDER REGISTERED ON ONE OR MORE SEX OFFENDER | ||||||
23 | REGISTRIES." | ||||||
24 | (e) Prior to disclosing to any member or publicizing in any | ||||||
25 | manner that a member has been identified as having been on a | ||||||
26 | sex offender registry, the provider shall, if it conducted the |
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1 | search in accordance with item (1) of Section 10, notify the | ||||||
2 | member identified as having been on a sex offender registry of | ||||||
3 | the results of the search. If the provider conducts the search | ||||||
4 | in accordance with item (2) of Section 10, it shall notify and | ||||||
5 | require the private vendor to contact the member having been | ||||||
6 | identified as having been on a sex offender registry regarding | ||||||
7 | the results of the search. | ||||||
8 | If within 10 days of receipt of notification the member | ||||||
9 | disputes the accuracy of his or her status as having been on a | ||||||
10 | sex offender registry, the provider either personally or | ||||||
11 | through its vendor shall, within 30 days of receipt of | ||||||
12 | information from the member contesting the accuracy of the sex | ||||||
13 | offender search, make a determination of its accuracy and so | ||||||
14 | notify the member. | ||||||
15 | Section 20. Provider policies; disclosure. An online | ||||||
16 | dating service provider that conducts sex offender registry | ||||||
17 | searches shall establish an automatic electronic link to a web | ||||||
18 | page that provides a safety awareness notification. At a | ||||||
19 | minimum, the safety awareness notification shall provide the | ||||||
20 | following:
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21 | (1) A statement that reads: | ||||||
22 | "PERSONAL SAFETY AWARENESS NOTICE CAUTION: | ||||||
23 | The sex offender registrant searches for sex | ||||||
24 | offenders convictions are not foolproof and are not | ||||||
25 | intended to give members a false sense of security. Sex |
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1 | offender registrant searches are not a perfect safety | ||||||
2 | solution and offenders may circumvent even the most | ||||||
3 | sophisticated search technology or registration | ||||||
4 | requirements. | ||||||
5 | Not all sex offender records are public in all | ||||||
6 | states and not all databases are up-to-date. Only | ||||||
7 | publicly available sex offender registrant data is | ||||||
8 | included in the search. | ||||||
9 | Anyone who is able to commit identity theft can | ||||||
10 | also falsify a dating profile. | ||||||
11 | There is no substitute for using good common sense | ||||||
12 | and acting with caution when communicating with any | ||||||
13 | stranger who wants to meet you."
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14 | (2) A list and description of safety measures | ||||||
15 | reasonably designed to increase awareness of safer dating | ||||||
16 | practices as determined by the provider. | ||||||
17 | Section 25. Application. Any online dating service | ||||||
18 | provider that signs up members from Illinois must comply with | ||||||
19 | the provisions of this Act. | ||||||
20 | Section 30. Jurisdiction. An online dating service that | ||||||
21 | engages in the act of transmitting files over the Internet | ||||||
22 | addressed to residents of the State, and the act of accepting | ||||||
23 | membership fees from residents of the State, means that the | ||||||
24 | online dating service is operating, conducting, engaging in, |
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1 | and otherwise carrying on a business in the State, subjecting | ||||||
2 | the online dating service providers to regulation by the State | ||||||
3 | and to the jurisdiction of the State's courts. | ||||||
4 | Section 35. Unlawful practice. Failure to comply with the | ||||||
5 | disclosure requirements of this Act shall constitute an | ||||||
6 | unlawful business practice under the Consumer Fraud and | ||||||
7 | Deceptive Business Practices Act. Each failure to provide the | ||||||
8 | required disclosure constitutes a separate violation. | ||||||
9 | Section 40. Exemptions. | ||||||
10 | (a) An Internet service provider does not violate this Act | ||||||
11 | as a result of serving as an intermediary for the transmission | ||||||
12 | of electronic messages between members of an online dating | ||||||
13 | service provider. | ||||||
14 | (b) An Internet access service or other Internet service | ||||||
15 | provider shall not be considered an online dating service | ||||||
16 | provider within the meaning of this Act as to any online dating | ||||||
17 | service website provided by another person or entity. | ||||||
18 | (c) An Internet service provider that has fewer than 1,000 | ||||||
19 | members is exempt from the requirements of this Act. | ||||||
20 | Section 45. Severability. If any provision of this Act or | ||||||
21 | its application to any person or circumstance is held invalid, | ||||||
22 | the invalidity of that provision or application does not affect | ||||||
23 | other provisions or applications of this Act that can be given |
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1 | effect without the invalid provision or application.
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2 | Section 90. The Consumer Fraud and Deceptive Business | ||||||
3 | Practices Act is amended by changing Section 2Z as follows:
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4 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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5 | (Text of Section before amendment by P.A. 95-562 ) | ||||||
6 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
7 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
8 | Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||||||
9 | Studio Act,
the Physical Fitness Services Act,
the Hearing | ||||||
10 | Instrument Consumer Protection Act,
the Illinois Union Label | ||||||
11 | Act,
the Job Referral and Job Listing Services Consumer | ||||||
12 | Protection Act,
the Travel Promotion Consumer Protection Act,
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13 | the Credit Services Organizations Act,
the Automatic Telephone | ||||||
14 | Dialers Act,
the Pay-Per-Call Services Consumer Protection | ||||||
15 | Act,
the Telephone Solicitations Act,
the Illinois Funeral or | ||||||
16 | Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic | ||||||
17 | Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home | ||||||
18 | Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud | ||||||
19 | Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | ||||||
20 | Act, the Payday Loan Reform Act, subsection
(a) or (b) of | ||||||
21 | Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail | ||||||
22 | Act, the Internet Caller Identification Act, paragraph (6)
of
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23 | subsection (k) of Section 6-305 of the Illinois Vehicle Code, | ||||||
24 | the Internet Dating Disclosure and Safety Awareness Act, |
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1 | Article 3 of the Residential Real Property Disclosure Act, the | ||||||
2 | Automatic Contract Renewal Act, or the Personal Information | ||||||
3 | Protection Act commits an unlawful practice within the meaning | ||||||
4 | of this Act.
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5 | (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, | ||||||
6 | eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, | ||||||
7 | eff. 1-1-08.)
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8 | (Text of Section after amendment by P.A. 95-562 ) | ||||||
9 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
10 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
11 | Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||||||
12 | Studio Act,
the Physical Fitness Services Act,
the Hearing | ||||||
13 | Instrument Consumer Protection Act,
the Illinois Union Label | ||||||
14 | Act,
the Job Referral and Job Listing Services Consumer | ||||||
15 | Protection Act,
the Travel Promotion Consumer Protection Act,
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16 | the Credit Services Organizations Act,
the Automatic Telephone | ||||||
17 | Dialers Act,
the Pay-Per-Call Services Consumer Protection | ||||||
18 | Act,
the Telephone Solicitations Act,
the Illinois Funeral or | ||||||
19 | Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic | ||||||
20 | Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home | ||||||
21 | Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud | ||||||
22 | Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | ||||||
23 | Act, the Payday Loan Reform Act, subsection
(a) or (b) of | ||||||
24 | Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail | ||||||
25 | Act, the Internet Caller Identification Act, paragraph (6)
of
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1 | subsection (k) of Section 6-305 of the Illinois Vehicle Code, | ||||||
2 | Section 18d-115, 18d-120, 18d-125, 18d-135, or 18d-150 of the | ||||||
3 | Illinois Vehicle Code, the Internet Dating Disclosure and | ||||||
4 | Safety Awareness Act, Article 3 of the Residential Real | ||||||
5 | Property Disclosure Act, the Automatic Contract Renewal Act, or | ||||||
6 | the Personal Information Protection Act commits an unlawful | ||||||
7 | practice within the meaning of this Act.
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8 | (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, | ||||||
9 | eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, | ||||||
10 | eff. 1-1-08; 95-562, eff. 7-1-08; revised 10-17-07.) | ||||||
11 | Section 95. No acceleration or delay. Where this Act makes | ||||||
12 | changes in a statute that is represented in this Act by text | ||||||
13 | that is not yet or no longer in effect (for example, a Section | ||||||
14 | represented by multiple versions), the use of that text does | ||||||
15 | not accelerate or delay the taking effect of (i) the changes | ||||||
16 | made by this Act or (ii) provisions derived from any other | ||||||
17 | Public Act.".
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