Illinois 2023-2024 Regular Session

Illinois House Bill HB0027 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0027 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 5 ILCS 140/2.15815 ILCS 505/2QQQ Amends the Freedom of Information Act. Provides that a law enforcement agency may not electronically provide or publish booking photographs unless: (1) the booking photograph is posted to a social networking website 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; or (2) the person is convicted of a crime other than a petty offense, business offense, Class C misdemeanor, or Class B misdemeanor. Deletes language providing that a law enforcement agency may publish on its social networking website booking photographs relating to charges other than civil offenses, petty offenses, business offenses, Class C misdemeanors, and Class B misdemeanors. Provides that the prohibition against the production of booking photographs contained in this subsection does not apply to requests made by the news media. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for a for-profit publishing entity that publishes on a publicly available website or in any other publication that charges a fee for removal or correction of the information to fail to remove within 30 days, without the imposition of any fee, the criminal record information of a person who provides the entity with: a pardon from the Governor or a certificate of innocence stating that the person is innocent of all offenses relating to the criminal record information; court records indicating that the person was found not guilty or that the case ended without a finding of guilt; or an order to expunge or seal the criminal record information of the person. Provides that a violating entity is subject to a civil penalty of $1,000 per day, plus attorney's fees, which shall be deposited into the General Revenue Fund. LRB103 03541 HEP 48547 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0027 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 5 ILCS 140/2.15815 ILCS 505/2QQQ 5 ILCS 140/2.15 815 ILCS 505/2QQQ Amends the Freedom of Information Act. Provides that a law enforcement agency may not electronically provide or publish booking photographs unless: (1) the booking photograph is posted to a social networking website 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; or (2) the person is convicted of a crime other than a petty offense, business offense, Class C misdemeanor, or Class B misdemeanor. Deletes language providing that a law enforcement agency may publish on its social networking website booking photographs relating to charges other than civil offenses, petty offenses, business offenses, Class C misdemeanors, and Class B misdemeanors. Provides that the prohibition against the production of booking photographs contained in this subsection does not apply to requests made by the news media. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for a for-profit publishing entity that publishes on a publicly available website or in any other publication that charges a fee for removal or correction of the information to fail to remove within 30 days, without the imposition of any fee, the criminal record information of a person who provides the entity with: a pardon from the Governor or a certificate of innocence stating that the person is innocent of all offenses relating to the criminal record information; court records indicating that the person was found not guilty or that the case ended without a finding of guilt; or an order to expunge or seal the criminal record information of the person. Provides that a violating entity is subject to a civil penalty of $1,000 per day, plus attorney's fees, which shall be deposited into the General Revenue Fund. LRB103 03541 HEP 48547 b LRB103 03541 HEP 48547 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0027 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 140/2.15815 ILCS 505/2QQQ 5 ILCS 140/2.15 815 ILCS 505/2QQQ
4	4	5 ILCS 140/2.15
5	5	815 ILCS 505/2QQQ
6	6	Amends the Freedom of Information Act. Provides that a law enforcement agency may not electronically provide or publish booking photographs unless: (1) the booking photograph is posted to a social networking website 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; or (2) the person is convicted of a crime other than a petty offense, business offense, Class C misdemeanor, or Class B misdemeanor. Deletes language providing that a law enforcement agency may publish on its social networking website booking photographs relating to charges other than civil offenses, petty offenses, business offenses, Class C misdemeanors, and Class B misdemeanors. Provides that the prohibition against the production of booking photographs contained in this subsection does not apply to requests made by the news media. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for a for-profit publishing entity that publishes on a publicly available website or in any other publication that charges a fee for removal or correction of the information to fail to remove within 30 days, without the imposition of any fee, the criminal record information of a person who provides the entity with: a pardon from the Governor or a certificate of innocence stating that the person is innocent of all offenses relating to the criminal record information; court records indicating that the person was found not guilty or that the case ended without a finding of guilt; or an order to expunge or seal the criminal record information of the person. Provides that a violating entity is subject to a civil penalty of $1,000 per day, plus attorney's fees, which shall be deposited into the General Revenue Fund.
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12	12	1 AN ACT concerning arrest records.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Freedom of Information Act is amended by
16	16	5 changing Section 2.15 as follows:
17	17	6 (5 ILCS 140/2.15)
18	18	7 (Text of Section before amendment by P.A. 101-652)
19	19	8 Sec. 2.15. Arrest reports and criminal history records.
20	20	9 (a) Arrest reports. The following chronologically
21	21	10 maintained arrest and criminal history information maintained
22	22	11 by State or local criminal justice agencies shall be furnished
23	23	12 as soon as practical, but in no event later than 72 hours after
24	24	13 the arrest, notwithstanding the time limits otherwise provided
25	25	14 for in Section 3 of this Act: (i) information that identifies
26	26	15 the individual, including the name, age, address, and
27	27	16 photograph, when and if available; (ii) information detailing
28	28	17 any charges relating to the arrest; (iii) the time and
29	29	18 location of the arrest; (iv) the name of the investigating or
30	30	19 arresting law enforcement agency; (v) if the individual is
31	31	20 incarcerated, the amount of any bail or bond; and (vi) if the
32	32	21 individual is incarcerated, the time and date that the
33	33	22 individual was received into, discharged from, or transferred
34	34	23 from the arresting agency's custody.
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0027 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
39	39	5 ILCS 140/2.15815 ILCS 505/2QQQ 5 ILCS 140/2.15 815 ILCS 505/2QQQ
40	40	5 ILCS 140/2.15
41	41	815 ILCS 505/2QQQ
42	42	Amends the Freedom of Information Act. Provides that a law enforcement agency may not electronically provide or publish booking photographs unless: (1) the booking photograph is posted to a social networking website 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; or (2) the person is convicted of a crime other than a petty offense, business offense, Class C misdemeanor, or Class B misdemeanor. Deletes language providing that a law enforcement agency may publish on its social networking website booking photographs relating to charges other than civil offenses, petty offenses, business offenses, Class C misdemeanors, and Class B misdemeanors. Provides that the prohibition against the production of booking photographs contained in this subsection does not apply to requests made by the news media. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for a for-profit publishing entity that publishes on a publicly available website or in any other publication that charges a fee for removal or correction of the information to fail to remove within 30 days, without the imposition of any fee, the criminal record information of a person who provides the entity with: a pardon from the Governor or a certificate of innocence stating that the person is innocent of all offenses relating to the criminal record information; court records indicating that the person was found not guilty or that the case ended without a finding of guilt; or an order to expunge or seal the criminal record information of the person. Provides that a violating entity is subject to a civil penalty of $1,000 per day, plus attorney's fees, which shall be deposited into the General Revenue Fund.
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45	45	A BILL FOR
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71	71	1 (b) Criminal history records. The following documents
72	72	2 maintained by a public body pertaining to criminal history
73	73	3 record information are public records subject to inspection
74	74	4 and copying by the public pursuant to this Act: (i) court
75	75	5 records that are public; (ii) records that are otherwise
76	76	6 available under State or local law; and (iii) records in which
77	77	7 the requesting party is the individual identified, except as
78	78	8 provided under Section 7(1)(d)(vi).
79	79	9 (c) Information described in items (iii) through (vi) of
80	80	10 subsection (a) may be withheld if it is determined that
81	81	11 disclosure would: (i) interfere with pending or actually and
82	82	12 reasonably contemplated law enforcement proceedings conducted
83	83	13 by any law enforcement agency; (ii) endanger the life or
84	84	14 physical safety of law enforcement or correctional personnel
85	85	15 or any other person; or (iii) compromise the security of any
86	86	16 correctional facility.
87	87	17 (d) The provisions of this Section do not supersede the
88	88	18 confidentiality provisions for law enforcement or arrest
89	89	19 records of the Juvenile Court Act of 1987.
90	90	20 (e) Notwithstanding the requirements of subsection (a), a
91	91	21 law enforcement agency may not publish booking photographs,
92	92	22 commonly known as "mugshots", on its social networking website
93	93	23 in connection with civil offenses, petty offenses, business
94	94	24 offenses, Class C misdemeanors, and Class B misdemeanors
95	95	25 unless the booking photograph is posted to the social
96	96	26 networking website to assist in the search for a missing
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107	107	1 person or to assist in the search for a fugitive, person of
108	108	2 interest, or individual wanted in relation to a crime other
109	109	3 than a petty offense, business offense, Class C misdemeanor,
110	110	4 or Class B misdemeanor. As used in this subsection, "social
111	111	5 networking website" has the meaning provided in Section 10 of
112	112	6 the Right to Privacy in the Workplace Act.
113	113	7 (Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.)
114	114	8 (Text of Section after amendment by P.A. 101-652)
115	115	9 Sec. 2.15. Arrest reports and criminal history records.
116	116	10 (a) Arrest reports. The following chronologically
117	117	11 maintained arrest and criminal history information maintained
118	118	12 by State or local criminal justice agencies shall be furnished
119	119	13 as soon as practical, but in no event later than 72 hours after
120	120	14 the arrest, notwithstanding the time limits otherwise provided
121	121	15 for in Section 3 of this Act: (i) information that identifies
122	122	16 the individual, including the name, age, address, and
123	123	17 photograph, when and if available; (ii) information detailing
124	124	18 any charges relating to the arrest; (iii) the time and
125	125	19 location of the arrest; (iv) the name of the investigating or
126	126	20 arresting law enforcement agency; (v) if the individual is
127	127	21 incarcerated, the conditions of pretrial release; and (vi) if
128	128	22 the individual is incarcerated, the time and date that the
129	129	23 individual was received into, discharged from, or transferred
130	130	24 from the arresting agency's custody.
131	131	25 (b) Criminal history records. The following documents
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142	142	1 maintained by a public body pertaining to criminal history
143	143	2 record information are public records subject to inspection
144	144	3 and copying by the public pursuant to this Act: (i) court
145	145	4 records that are public; (ii) records that are otherwise
146	146	5 available under State or local law; and (iii) records in which
147	147	6 the requesting party is the individual identified, except as
148	148	7 provided under Section 7(1)(d)(vi).
149	149	8 (c) Information described in items (iii) through (vi) of
150	150	9 subsection (a) may be withheld if it is determined that
151	151	10 disclosure would: (i) interfere with pending or actually and
152	152	11 reasonably contemplated law enforcement proceedings conducted
153	153	12 by any law enforcement agency; (ii) endanger the life or
154	154	13 physical safety of law enforcement or correctional personnel
155	155	14 or any other person; or (iii) compromise the security of any
156	156	15 correctional facility.
157	157	16 (d) The provisions of this Section do not supersede the
158	158	17 confidentiality provisions for law enforcement or arrest
159	159	18 records of the Juvenile Court Act of 1987.
160	160	19 (e) Notwithstanding the requirements of subsection (a), a
161	161	20 law enforcement agency may not electronically provide or
162	162	21 publish booking photographs, commonly known as "mugshots", on
163	163	22 its social networking website in connection with civil
164	164	23 offenses, petty offenses, business offenses, Class C
165	165	24 misdemeanors, and Class B misdemeanors unless: (1) the booking
166	166	25 photograph is posted to the social networking website to
167	167	26 assist in the search for a missing person or to assist in the
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178	178	1 search for a fugitive, person of interest, or individual
179	179	2 wanted in relation to a crime other than a petty offense,
180	180	3 business offense, Class C misdemeanor, or Class B misdemeanor;
181	181	4 or (2) the person is convicted of a crime other than a petty
182	182	5 offense, business offense, Class C misdemeanor, or Class B
183	183	6 misdemeanor. As used in this subsection, "social networking
184	184	7 website" has the meaning provided in Section 10 of the Right to
185	185	8 Privacy in the Workplace Act. The prohibition against the
186	186	9 production of booking photographs contained in this subsection
187	187	10 does not apply to requests made by the news media, as defined
188	188	11 in subsection (f) of Section 2.
189	189	12 (Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19;
190	190	13 101-652, eff. 1-1-23.)
191	191	14 Section 10. The Consumer Fraud and Deceptive Business
192	192	15 Practices Act is amended by changing Section 2QQQ as follows:
193	193	16 (815 ILCS 505/2QQQ)
194	194	17 Sec. 2QQQ. Criminal record information.
195	195	18 (a) It is an unlawful practice for any person engaged in
196	196	19 publishing or otherwise disseminating criminal record
197	197	20 information through a print or electronic medium to solicit or
198	198	21 accept the payment of a fee or other consideration to remove,
199	199	22 correct, or modify said criminal record information.
200	200	23 (b) For the purposes of this Section, "criminal record
201	201	24 information" includes any and all of the following:
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212	212	1 (1) descriptions or notations of any arrests, any
213	213	2 formal criminal charges, and the disposition of those
214	214	3 criminal charges, including, but not limited to, any
215	215	4 information made available under Section 4a of the State
216	216	5 Records Act or Section 3b of the Local Records Act;
217	217	6 (2) photographs of the person taken pursuant to an
218	218	7 arrest or other involvement in the criminal justice
219	219	8 system; or
220	220	9 (3) personal identifying information, including a
221	221	10 person's name, address, date of birth, photograph, and
222	222	11 social security number or other government-issued
223	223	12 identification number.
224	224	13 (c) A person or entity that publishes or otherwise
225	225	14 disseminates for profit a person's criminal record information
226	226	15 on a publicly available Internet website or in any other
227	227	16 publication or criminal history report that charges a fee for
228	228	17 removal or correction of the information must correct any
229	229	18 errors in the individual's criminal history information within
230	230	19 5 business days after notification of an error. Failure to
231	231	20 correct an error in the individual's criminal record
232	232	21 information constitutes an unlawful practice within the
233	233	22 meaning of this Act.
234	234	23 (d) A person whose criminal record information is
235	235	24 published for profit on a publicly available Internet website
236	236	25 or in any other publication that charges a fee for removal or
237	237	26 correction of the information may demand the publisher to
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248	248	1 correct the information if the subject of the information, or
249	249	2 his or her representative, sends a letter, via certified mail,
250	250	3 to the publishing entity demanding the information be
251	251	4 corrected and providing documentation of the correct
252	252	5 information.
253	253	6 (e) Failure by a for-profit publishing entity that
254	254	7 publishes on a publicly available Internet website or in any
255	255	8 other publication or criminal history report that charges a
256	256	9 fee for removal or correction of the information to correct
257	257	10 the person's published criminal record information within 5
258	258	11 business days after receipt of the notice, demand for
259	259	12 correction, and the provision of correct information,
260	260	13 constitutes an unlawful and deceptive practice within the
261	261	14 meaning of this Act. In addition to any other remedy available
262	262	15 under this Act, a person who has been injured by a violation of
263	263	16 this Section is entitled to the damages of $100 per day, plus
264	264	17 attorney's fees, for the publisher's failure to correct the
265	265	18 criminal record information.
266	266	19 (e-5) It is an unlawful practice for a for-profit
267	267	20 publishing entity that publishes on a publicly available
268	268	21 Internet website or in any other publication that charges a
269	269	22 fee for removal or correction of the information to fail to
270	270	23 remove within 30 days, without the imposition of any fee, the
271	271	24 criminal record information of a person who provides the
272	272	25 entity with:
273	273	26 (1) a pardon from the Governor stating that the pardon
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284	284	1 is issued on the ground of innocence of the charges
285	285	2 relating to the criminal record information;
286	286	3 (2) a certificate of innocence, issued to the person
287	287	4 under Section 2-702 of the Code of Civil Procedure,
288	288	5 finding that the person is innocent of all charges
289	289	6 relating to the criminal record information;
290	290	7 (3) court records indicating that the person was found
291	291	8 not guilty or that the case ended without a finding of
292	292	9 guilt; or
293	293	10 (4) an order to expunge or seal the criminal record
294	294	11 information of the person.
295	295	12 In addition to any other remedy available under this Act,
296	296	13 an entity that violates this subsection is subject to a civil
297	297	14 penalty of $1,000 per day, plus attorney's fees. Any proceeds
298	298	15 recovered under this subsection shall be deposited into the
299	299	16 General Revenue Fund.
300	300	17 (f) This Section does not apply to a play, book, magazine,
301	301	18 newspaper, musical, composition, visual work, work of art,
302	302	19 audiovisual work, radio, motion picture, or television
303	303	20 program, or a dramatic, literary, or musical work.
304	304	21 (g) This Section does not apply to a news medium or
305	305	22 reporter as defined in Section 8-902 of the Code of Civil
306	306	23 Procedure.
307	307	24 (h) This Section does not apply to the Illinois State
308	308	25 Police.
309	309	26 (i) This Section does not apply to a consumer reporting
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320	320	1 agency as defined under 15 U.S.C. 1681a(f).
321	321	2 (j) Nothing in this Section shall be construed to impose
322	322	3 liability on an interactive computer service, as defined in 47
323	323	4 U.S.C. 230(f)(2), for content provided by another person.
324	324	5 (Source: P.A. 100-927, eff. 1-1-19; 101-431, eff. 1-1-20.)
325	325	6 Section 95. No acceleration or delay. Where this Act makes
326	326	7 changes in a statute that is represented in this Act by text
327	327	8 that is not yet or no longer in effect (for example, a Section
328	328	9 represented by multiple versions), the use of that text does
329	329	10 not accelerate or delay the taking effect of (i) the changes
330	330	11 made by this Act or (ii) provisions derived from any other
331	331	12 Public Act.
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