Full Text of SB1599 101st General Assembly
SB1599enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Consumer Fraud and Deceptive Business | 5 | | Practices Act is amended by changing Section 2QQQ as follows: | 6 | | (815 ILCS 505/2QQQ) | 7 | | Sec. 2QQQ. Criminal record information. | 8 | | (a) It is an unlawful practice for any person engaged in | 9 | | publishing or otherwise disseminating criminal record | 10 | | information through a print or electronic medium to solicit or | 11 | | accept the payment of a fee or other consideration to remove, | 12 | | correct, or modify said criminal record information. | 13 | | (b) For the purposes of this Section, "criminal record | 14 | | information" includes any and all of the following: | 15 | | (1) descriptions or notations of any arrests, any | 16 | | formal criminal charges, and the disposition of those | 17 | | criminal charges, including, but not limited to, any | 18 | | information made available under Section 4a of the State | 19 | | Records Act or Section 3b of the Local Records Act; | 20 | | (2) photographs of the person taken pursuant to an | 21 | | arrest or other involvement in the criminal justice system; | 22 | | or | 23 | | (3) personal identifying information, including a |
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| 1 | | person's name, address, date of birth, photograph, and | 2 | | social security number or other government-issued | 3 | | identification number.
| 4 | | (c) A person or entity that publishes or otherwise | 5 | | disseminates for profit a person's criminal record information | 6 | | on a publicly available Internet website or in any other | 7 | | publication or criminal history report that charges a fee for | 8 | | removal or correction of the information must correct any | 9 | | errors in the individual's criminal history information within | 10 | | 5 business days after notification of an error. Failure to | 11 | | correct an error in the individual's criminal record | 12 | | information constitutes an unlawful practice within the | 13 | | meaning of this Act. | 14 | | (d) A person whose criminal record information is published | 15 | | for profit on a publicly available Internet website or in any | 16 | | other publication that charges a fee for removal or correction | 17 | | of the information may demand the publisher to correct the | 18 | | information if the subject of the information, or his or her | 19 | | representative, sends a letter, via certified mail, to the | 20 | | publishing entity demanding the information be corrected and | 21 | | providing documentation of the correct information. | 22 | | (e) Failure by a for-profit publishing entity that | 23 | | publishes on a publicly available Internet website or in any | 24 | | other publication or criminal history report that charges a fee | 25 | | for removal or correction of the information to correct the | 26 | | person's published criminal record information within 5 |
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| 1 | | business days after receipt of the notice, demand for | 2 | | correction, and the provision of correct information, | 3 | | constitutes an unlawful and deceptive practice within the | 4 | | meaning of this Act. In addition to any other remedy available | 5 | | under this Act, a person who has been injured by a violation of | 6 | | this Section is entitled to the damages of $100 per day, plus | 7 | | attorney's fees, for the publisher's failure to correct the | 8 | | criminal record information. | 9 | | (f) This Section does not apply to a play, book, magazine, | 10 | | newspaper, musical, composition, visual work, work of art, | 11 | | audiovisual work, radio, motion picture, or television | 12 | | program, or a dramatic, literary, or musical work. | 13 | | (g) This Section does not apply to a news medium or | 14 | | reporter as defined in Section 8-902 of the Code of Civil | 15 | | Procedure. | 16 | | (h) This Section does not apply to the Illinois State | 17 | | Police. | 18 | | (i) This Section does not apply to a consumer reporting | 19 | | agency as defined under 15 U.S.C. 1681a(f). | 20 | | (j) Nothing in this Section shall be construed to impose | 21 | | liability on an interactive computer service, as defined in 47 | 22 | | U.S.C. 230(f)(2), for content provided by another person. | 23 | | (Source: P.A. 100-927, eff. 1-1-19 .)
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