Full Text of HB0563 95th General Assembly
HB0563ham002 95TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 10/11/2007
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| AMENDMENT TO HOUSE BILL 563
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| AMENDMENT NO. ______. Amend House Bill 563, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "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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| 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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| 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, | 7 |
| that the online dating provider either initiates a sex offender | 8 |
| registrant search of sex offender registrations on each member | 9 |
| prior to permitting any member to communicate with a member in | 10 |
| this State or that the online dating service provider does not | 11 |
| initiate such a sex offender registrant search. | 12 |
| (b) If the online dating service provider does not initiate | 13 |
| sex offender registrant searches, the provider must make a | 14 |
| disclosure that shall read: | 15 |
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"NO SEX OFFENDER REGISTRY SEARCH IS DONE ON MEMBERS | 16 |
| WHO USE THIS SERVICE. PLEASE TAKE APPROPRIATE SAFETY | 17 |
| MEASURES TO INCREASE AWARENESS OF POSSIBLE RISKS | 18 |
| ASSOCIATED WITH DATING."
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| (c) If the online dating service provider does initiate sex | 20 |
| offender registrant searches, the disclosure shall read: | 21 |
| "...............(NAME OF PROVIDER)......... INITIATES | 22 |
| A SEX OFFENDER REGISTRY SEARCH OF ALL 50 STATES PLUS | 23 |
| WASHINGTON, D.C. AND PUERTO RICO BEFORE A MEMBER IS | 24 |
| PERMITTED TO COMMUNICATE WITH ANY MEMBER FROM ILLINOIS." | 25 |
| (d) The disclosure required by either subsection (b) or |
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| subsection (c) of this Section shall appear on a web page | 2 |
| required to be viewed by a person applying to be a member who | 3 |
| has indicated a billing address or zip code in this State in | 4 |
| the registration process. The disclosure cannot be more than 3 | 5 |
| inches from the top of the web page and must be: | 6 |
| (1) in bold capital letters; | 7 |
| (2) in at least 12 point type; and | 8 |
| (3) in a color that contrasts from the background. | 9 |
| The provider shall require the applicant in this State to | 10 |
| make an electronic acknowledgement that the applicant has been | 11 |
| provided the disclosure before the applicant is accepted as a | 12 |
| member. The disclosure required by either subsection (b) or | 13 |
| subsection (c) of this Section shall additionally appear on any | 14 |
| page that appears to a member in this State each time that | 15 |
| member initiates or receives a communication with another | 16 |
| member through the provider's service. | 17 |
| (e) If the online dating service provider conducts sex | 18 |
| offender registry searches and the provider has a policy | 19 |
| allowing a member who has been identified as being on a sex | 20 |
| offender registry to have access to its service to communicate | 21 |
| with any member in this State, the provider shall clearly and | 22 |
| conspicuously disclose on any communication to a member in this | 23 |
| State from the member who has been identified
as having been on | 24 |
| a sex offender registry, and on any web page that is seen by or | 25 |
| transmitted to a member in this State that contains the | 26 |
| personal information for the member who has been identified as |
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| having been on a sex offender registry and that is seen by or | 2 |
| communicated to a member in this State, a disclosure that shall | 3 |
| read:
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| "THIS PERSON HAS BEEN IDENTIFIED AS A CURRENT OR FORMER | 5 |
| SEX OFFENDER REGISTERED ON ONE OR MORE SEX OFFENDER | 6 |
| REGISTRIES." | 7 |
| Section 20. Provider policies; disclosure. An online | 8 |
| dating service provider that conducts sex offender registry | 9 |
| searches shall establish an automatic electronic link from any | 10 |
| web page containing the disclosure required by subsection (c) | 11 |
| of Section 15 to a web page that provides a safety awareness | 12 |
| notification. The web page containing the safety awareness | 13 |
| notification shall be configured such that it shall | 14 |
| automatically appear each time a member makes the electronic | 15 |
| acknowledgement of the disclosure under subsection (c) of | 16 |
| Section 15. The member is required to make an electronic | 17 |
| acknowledgement of the safety awareness notification each time | 18 |
| it appears and the acknowledgement shall appear at the bottom | 19 |
| of the web page containing the notification. At a minimum, the | 20 |
| safety awareness notification shall provide the following:
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| (1) A statement that reads: | 22 |
| "PERSONAL SAFETY AWARENESS NOTICE CAUTION: Before | 23 |
| allowing Illinois members to communicate with other | 24 |
| members . . . [Name of provider] . . . initiates a sex | 25 |
| offender registry search of all 50 states' plus |
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| Washington, D.C.'s and Puerto Rico's sex offender | 2 |
| registries to determine if a member is a current or | 3 |
| former sex offender registrant. The purpose is to | 4 |
| provide a preliminary background screening for | 5 |
| protection of our members before they are permitted to | 6 |
| begin communicating directly with each other. | 7 |
| The sex offender registrant searches for sex | 8 |
| offenders convictions are not foolproof and are not | 9 |
| intended to give members a false sense of security. Sex | 10 |
| offender registrant searches are not a perfect safety | 11 |
| solution and offenders may circumvent even the most | 12 |
| sophisticated search technology or registration | 13 |
| requirements. | 14 |
| Not all sex offender records are public in all | 15 |
| states and not all databases are up-to-date. Only | 16 |
| publicly available sex offender registrant data is | 17 |
| included in the search. | 18 |
| Anyone who is able to commit identity theft can | 19 |
| also falsify a dating profile. | 20 |
| There is no substitute for using good common sense | 21 |
| and acting with caution when communicating with any | 22 |
| stranger who wants to meet you."
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| (2) A list and description of safety measures | 24 |
| reasonably designed to increase awareness of safer dating | 25 |
| practices as determined by the provider. |
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| Section 25. Application. Any online dating service | 2 |
| provider that signs up members from Illinois must comply with | 3 |
| the provisions of this Act.
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| Section 30. Jurisdiction. An online dating service that | 5 |
| engages in the act of transmitting files over the Internet | 6 |
| addressed to residents of the State, and the act of accepting | 7 |
| membership fees from residents of the State, means that the | 8 |
| online dating service is operating, conducting, engaging in, | 9 |
| and otherwise carrying on a business in the State, subjecting | 10 |
| the online dating service providers to regulation by the State | 11 |
| and to the jurisdiction of the State's courts. | 12 |
| Section 35. Unlawful practice. Failure to comply with the | 13 |
| disclosure requirements of this Act shall constitute a an | 14 |
| unlawful business practice under the Consumer Fraud and | 15 |
| Deceptive Business Practices Act. Each failure to provide the | 16 |
| required disclosure constitutes a separate violation. | 17 |
| Section 40. Exemptions. | 18 |
| (a) An Internet service provider does not violate this Act | 19 |
| solely as a result of serving as an intermediary for the | 20 |
| transmission of electronic messages between members of an | 21 |
| online dating service provider. | 22 |
| (b) An Internet access service or other Internet service | 23 |
| provider shall not be considered an online dating service |
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| provider within the meaning of this Act as to any online dating | 2 |
| service website provided by another person or entity. | 3 |
| (c) An Internet service provider that has fewer than 1,000 | 4 |
| members is exempt from the requirements of this Act. | 5 |
| Section 45. Severability. If any provision of this Act or | 6 |
| its application to any person or circumstance is held invalid, | 7 |
| the invalidity of that provision or application does not affect | 8 |
| other provisions or applications of this Act that can be given | 9 |
| effect without the invalid provision or application. | 10 |
| Section 500. The Consumer Fraud and Deceptive Business | 11 |
| Practices Act is amended by changing Section 2Z as follows:
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| (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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| Sec. 2Z. Violations of other Acts. Any person who knowingly | 14 |
| violates
the Automotive Repair Act, the Automotive Collision | 15 |
| Repair Act,
the Home Repair and Remodeling Act,
the Dance | 16 |
| Studio Act,
the Physical Fitness Services Act,
the Hearing | 17 |
| Instrument Consumer Protection Act,
the Illinois Union Label | 18 |
| Act,
the Job Referral and Job Listing Services Consumer | 19 |
| Protection Act,
the Travel Promotion Consumer Protection Act,
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| the Credit Services Organizations Act,
the Automatic Telephone | 21 |
| Dialers Act,
the Pay-Per-Call Services Consumer Protection | 22 |
| Act,
the Telephone Solicitations Act,
the Illinois Funeral or | 23 |
| Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic |
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| Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home | 2 |
| Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud | 3 |
| Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | 4 |
| Act, the Payday Loan Reform Act, subsection
(a) or (b) of | 5 |
| Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail | 6 |
| Act, paragraph (6)
of
subsection (k) of Section 6-305 of the | 7 |
| Illinois Vehicle Code, the Internet Dating Disclosure and | 8 |
| Safety Awareness Act, Article 3 of the Residential Real | 9 |
| Property Disclosure Act, the Automatic Contract Renewal Act, or | 10 |
| the Personal Information Protection Act commits an unlawful | 11 |
| practice within the meaning of this Act.
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| (Source: P.A. 93-561, eff. 1-1-04; 93-950, eff. 1-1-05; 94-13, | 13 |
| eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292, | 14 |
| eff. 1-1-06; 94-822, eff. 1-1-07.)".
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