Full Text of SB2074 100th General Assembly
SB2074 100TH GENERAL ASSEMBLY
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
Introduced 2/10/2017, by Sen. Don Harmon
SYNOPSIS AS INTRODUCED:
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.
A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Conviction History Reporting Act.
In this Act:
"Consumer reporting agency" means any person or entity
that, for monetary fees, dues, or on a cooperative non-profit
basis, regularly engages, in whole or in part, in the practice
of assembling or evaluating criminal history record
information on individuals for the purpose of furnishing
criminal history reports to third parties.
"Conviction information" means data reflecting a judgment
of guilt or nolo contendere or any disposition arising
therefrom, including sentencing, correctional supervision,
rehabilitation, or release. For purposes of this Act, an order
of supervision or qualified probation as defined by Section 5.2
of the Criminal Identification Act that has been discharged or
dismissed shall not be deemed conviction information.
"Criminal history record information" means records of
arrest, complaint, indictment, or any disposition arising
"Criminal history report" means any written, oral, or other
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communication of information that includes criminal history
record information about a natural person.
The provisions of
this Act do not apply to background collected, maintained, or
disseminated pursuant to the Illinois Uniform Conviction
Limit on reporting of criminal history record
(a) A criminal history report furnished to a third party
shall not include (1) criminal history information that
antedates the report by more than 5 years or (2) criminal
history record information that is not conviction information.
(b) Nothing in this Act abrogates a consumer reporting
agency's ability to (1) report that an individual is currently
subject to a publicly available registry established under the
laws of this State or (2) otherwise report information that is
not criminal history record information.
If a consumer reporting agency
violates the terms of this Act, the subject of any criminal
history report may recover in a civil action:
(1) damages in the amount of $1,000 for each report
provided to a third party in violation of this Act or
actual damages, whichever is greater;
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(2) costs and such reasonable attorney's fees as may be
allowed by the court; and
(3) any other relief as may be appropriate, including
This Act takes effect upon