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| Public Act 100-0927 | ||||
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Freedom of Information Act is amended by | ||||
changing Section 2.15 as follows: | ||||
(5 ILCS 140/2.15)
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Sec. 2.15. Arrest reports and criminal history records. | ||||
(a) Arrest reports. The following chronologically | ||||
maintained arrest and criminal history information maintained | ||||
by State or local criminal justice agencies shall be furnished | ||||
as soon as practical, but in no event later than 72 hours after | ||||
the arrest, notwithstanding the time limits otherwise provided | ||||
for in Section 3 of this Act: (i) information that identifies | ||||
the individual, including the name, age, address, and | ||||
photograph, when and if available; (ii) information detailing | ||||
any charges relating to the arrest; (iii) the time and location | ||||
of the arrest; (iv) the name of the investigating or arresting | ||||
law enforcement agency; (v) if the individual is incarcerated, | ||||
the amount of any bail or bond; and (vi) if the individual is | ||||
incarcerated, the time and date that the individual was | ||||
received into, discharged from, or transferred from the | ||||
arresting agency's custody. | ||||
(b) Criminal history records. The following documents | ||||
maintained by a public body pertaining to
criminal history | ||
record information are public records subject to inspection and | ||
copying by the
public pursuant to this Act: (i) court records | ||
that are public; (ii) records that are otherwise
available | ||
under State or local law; and (iii) records in which the | ||
requesting party is the individual
identified, except as | ||
provided under Section 7(1)(d)(vi). | ||
(c) Information described in items (iii) through (vi) of | ||
subsection (a) may be withheld if it is
determined that | ||
disclosure would: (i) interfere with pending or actually and | ||
reasonably contemplated law enforcement proceedings conducted | ||
by any law enforcement agency; (ii) endanger the life or | ||
physical safety of law enforcement or correctional personnel or | ||
any other person; or (iii) compromise the security of any | ||
correctional facility. | ||
(d) The provisions of this Section do not supersede the | ||
confidentiality provisions for law enforcement or arrest | ||
records of the Juvenile Court Act of 1987.
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(e) Notwithstanding the requirements of subsection (a), a | ||
law enforcement agency may not publish booking photographs, | ||
commonly known as "mugshots", on its social media website in | ||
connection with civil offenses, petty offenses, business | ||
offenses, Class C misdemeanors, and Class B misdemeanors unless | ||
the booking photograph is posted to social media to assist in | ||
the search for a missing person or to assist in the search for | ||
a fugitive, person of interest, or individual wanted in | ||
relation to a crime other than a petty offense, business | ||
offense, Class C misdemeanor, or Class B misdemeanor. | ||
(Source: P.A. 99-298, eff. 8-6-15.) | ||
Section 10. The Consumer Fraud and Deceptive Business | ||
Practices Act is amended by changing Section 2QQQ as follows: | ||
(815 ILCS 505/2QQQ) | ||
Sec. 2QQQ. Criminal record information. | ||
(a) It is an unlawful practice for any person engaged in | ||
publishing or otherwise disseminating criminal record | ||
information through a print or electronic medium to solicit or | ||
accept the payment of a fee or other consideration to remove, | ||
correct, or modify said criminal record information. | ||
(b) For the purposes of this Section, "criminal record | ||
information" includes any and all of the following: | ||
(1) descriptions or notations of any arrests, any | ||
formal criminal charges, and the disposition of those | ||
criminal charges, including, but not limited to, any | ||
information made available under Section 4a of the State | ||
Records Act or Section 3b of the Local Records Act; | ||
(2) photographs of the person taken pursuant to an | ||
arrest or other involvement in the criminal justice system; | ||
or | ||
(3) personal identifying information, including a | ||
person's name, address, date of birth, photograph, and | ||
social security number or other government-issued | ||
identification number.
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(c) A person or entity that publishes for profit a person's | ||
criminal record information on a publicly available Internet | ||
website or in any other publication that charges a fee for | ||
removal or correction of the information must correct any | ||
errors in the individual's criminal history information within | ||
5 business days after notification of an error. Failure to | ||
correct an error in the individual's criminal record | ||
information constitutes an unlawful practice within the | ||
meaning of this Act. | ||
(d) A person whose criminal record information is published | ||
for profit on a publicly available Internet website or in any | ||
other publication that charges a fee for removal or correction | ||
of the information may demand the publisher to correct the | ||
information if the subject of the information, or his or her | ||
representative, sends a letter, via certified mail, to the | ||
publishing entity demanding the information be corrected and | ||
providing documentation of the correct information. | ||
(e) Failure by a for-profit publishing entity that | ||
publishes on a publicly available Internet website or in any | ||
other publication that charges a fee for removal or correction | ||
of the information to correct the person's published criminal | ||
record information within 5 business days after receipt of the | ||
notice, demand for correction, and the provision of correct | ||
information, constitutes an unlawful and deceptive practice | ||
within the meaning of this Act. In addition to any other remedy | ||
available under this Act, a person who has been injured by a | ||
violation of this Section is entitled to the damages of $100 | ||
per day, plus attorney's fees, for the publisher's failure to | ||
correct the criminal record information. | ||
(f) This Section does not apply to a play, book, magazine, | ||
newspaper, musical, composition, visual work, work of art, | ||
audiovisual work, radio, motion picture, or television | ||
program, or a dramatic, literary, or musical work. | ||
(g) This Section does not apply to a news medium or | ||
reporter as defined in Section 8-902 of the Code of Civil | ||
Procedure. | ||
(h) This Section does not apply to the Illinois State | ||
Police. | ||
(i) This Section does not apply to a consumer reporting | ||
agency as defined under 15 U.S.C. 1681a(f). | ||
(j) Nothing in this Section shall be construed to impose | ||
liability on an interactive computer service, as defined in 47 | ||
U.S.C. 230(f)(2), for content provided by another person. | ||
(Source: P.A. 98-555, eff. 1-1-14.)
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