Full Text of HB5891 98th General Assembly
HB5891eng 98TH 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 Internet Dating, Internet Child Care, | 5 | | Internet Senior Care, and Internet Home Care Safety Act is | 6 | | amended by changing Section 10 as follows: | 7 | | (815 ILCS 518/10)
| 8 | | Sec. 10. Requirements for Internet dating services, | 9 | | Internet child care
services, Internet senior care services, | 10 | | and Internet home care services. | 11 | | (a) An Internet dating service, Internet child care
| 12 | | service, Internet senior care service, or Internet home care | 13 | | service offering services to Illinois members shall provide a | 14 | | safety awareness notification to all Illinois members that | 15 | | includes, at a minimum, a list and description of safety | 16 | | measures reasonably designed to increase awareness of safer | 17 | | dating, child care, senior care, and home care practices as | 18 | | determined by the service. | 19 | | Examples of such notifications include, but are not limited | 20 | | to: | 21 | | (1) "Anyone who is able to commit identity theft can | 22 | | also falsify a dating profile, a child care profile, a | 23 | | senior care profile, or a home care profile."
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| 1 | | (2) "There is no substitute for acting with caution | 2 | | when communicating with any stranger who wants to meet | 3 | | you."
| 4 | | (3) "Never include your last name, e-mail address, home | 5 | | address, phone number, place of work, or any other | 6 | | identifying information in your Internet profile or | 7 | | initial e-mail messages. Stop communicating with anyone | 8 | | who pressures you for personal or financial information or | 9 | | attempts in any way to trick you into revealing it."
| 10 | | (4) "If you choose to have a face-to-face meeting with | 11 | | another member, always tell someone in your family or a | 12 | | friend where you are going and when you will return. Never | 13 | | agree to be picked up at your home. Always provide your own | 14 | | transportation to and from your date and meet in a public | 15 | | place with many people around."
| 16 | | (b) If an Internet dating service, Internet child care
| 17 | | service, Internet senior care service, or Internet home care | 18 | | service does not conduct criminal background screenings on its | 19 | | members, the service shall disclose, clearly and conspicuously | 20 | | in a manner that is readily apparent to the viewer of the | 21 | | disclosure , to all Illinois members that the Internet dating | 22 | | service does not conduct criminal background screenings. The | 23 | | disclosure shall be provided in two or more of the following | 24 | | forms: when an electronic mail message is sent or received by | 25 | | an Illinois member, in a "click-through" or other similar | 26 | | presentation requiring a member from this State to acknowledge |
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| 1 | | that they have received the information required by this Act, | 2 | | on the profile describing a member to an Illinois member, and | 3 | | on the website pages or homepage of the Internet dating | 4 | | service, Internet child care
service, Internet senior care | 5 | | service, or Internet home care service used when an Illinois | 6 | | member signs up. A disclosure under this subsection shall be in | 7 | | bold, capital letters in at least 12-point type.
| 8 | | (c) If an Internet dating service, Internet child care
| 9 | | service, Internet senior care service, or Internet home care | 10 | | service conducts criminal background screenings on all of its | 11 | | communicating members, then the service shall disclose, | 12 | | clearly and conspicuously in a manner that is readily apparent | 13 | | to the viewer of the disclosure , to all Illinois members that | 14 | | the Internet dating service, Internet child care
service, | 15 | | Internet senior care service, or Internet home care service | 16 | | conducts a criminal background screening on each member prior | 17 | | to permitting an Illinois member to communicate with another | 18 | | member. The disclosure shall be provided on the website pages | 19 | | used when an Illinois member signs up. A disclosure under this | 20 | | subsection shall be in bold, capital letters in at least | 21 | | 12-point type.
| 22 | | (d) If an Internet dating service, Internet child care
| 23 | | service, Internet senior care service, or Internet home care | 24 | | service conducts criminal background screenings, then the | 25 | | service shall disclose whether it has a policy allowing a | 26 | | member who has been identified as having a criminal conviction |
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| 1 | | to have access to its service to communicate with any Illinois | 2 | | member; shall state that criminal background screenings are not | 3 | | foolproof; that they may give members a false sense of | 4 | | security; that they are not a perfect safety solution; that | 5 | | criminals may circumvent even the most sophisticated search | 6 | | technology; that not all criminal records are public in all | 7 | | states and not all databases are up to date; that only publicly | 8 | | available convictions are included in the screening; and that | 9 | | screenings do not cover other types of convictions or arrests | 10 | | or any convictions from foreign countries.
| 11 | | (Source: P.A. 97-1056, eff. 8-24-12; 98-458, eff. 8-16-13.)
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