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Public Act 101-0431
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| SB1599 Enrolled | LRB101 10639 JLS 55745 b |
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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 Consumer Fraud and Deceptive Business |
Practices Act is amended by changing Section 2QQQ as follows:
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(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 |
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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 or otherwise |
disseminates for profit a person's criminal record information |
on a publicly available Internet website or in any other |
publication or criminal history report 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 or criminal history report that charges a fee |
for removal or correction of the information to correct the |
person's published criminal record information within 5 |
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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. 100-927, eff. 1-1-19.)
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