Bill Text: IL HB0027 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB0027 Detail]

Download: Illinois-2023-HB0027-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB0027

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:
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.
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A BILL FOR

HB0027LRB103 03541 HEP 48547 b
1 AN ACT concerning arrest records.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 2.15 as follows:
6 (5 ILCS 140/2.15)
7 (Text of Section before amendment by P.A. 101-652)
8 Sec. 2.15. Arrest reports and criminal history records.
9 (a) Arrest reports. The following chronologically
10maintained arrest and criminal history information maintained
11by State or local criminal justice agencies shall be furnished
12as soon as practical, but in no event later than 72 hours after
13the arrest, notwithstanding the time limits otherwise provided
14for in Section 3 of this Act: (i) information that identifies
15the individual, including the name, age, address, and
16photograph, when and if available; (ii) information detailing
17any charges relating to the arrest; (iii) the time and
18location of the arrest; (iv) the name of the investigating or
19arresting law enforcement agency; (v) if the individual is
20incarcerated, the amount of any bail or bond; and (vi) if the
21individual is incarcerated, the time and date that the
22individual was received into, discharged from, or transferred
23from the arresting agency's custody.

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1 (b) Criminal history records. The following documents
2maintained by a public body pertaining to criminal history
3record information are public records subject to inspection
4and copying by the public pursuant to this Act: (i) court
5records that are public; (ii) records that are otherwise
6available under State or local law; and (iii) records in which
7the requesting party is the individual identified, except as
8provided under Section 7(1)(d)(vi).
9 (c) Information described in items (iii) through (vi) of
10subsection (a) may be withheld if it is determined that
11disclosure would: (i) interfere with pending or actually and
12reasonably contemplated law enforcement proceedings conducted
13by any law enforcement agency; (ii) endanger the life or
14physical safety of law enforcement or correctional personnel
15or any other person; or (iii) compromise the security of any
16correctional facility.
17 (d) The provisions of this Section do not supersede the
18confidentiality provisions for law enforcement or arrest
19records of the Juvenile Court Act of 1987.
20 (e) Notwithstanding the requirements of subsection (a), a
21law enforcement agency may not publish booking photographs,
22commonly known as "mugshots", on its social networking website
23in connection with civil offenses, petty offenses, business
24offenses, Class C misdemeanors, and Class B misdemeanors
25unless the booking photograph is posted to the social
26networking website to assist in the search for a missing

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1person or to assist in the search for a fugitive, person of
2interest, or individual wanted in relation to a crime other
3than a petty offense, business offense, Class C misdemeanor,
4or Class B misdemeanor. As used in this subsection, "social
5networking website" has the meaning provided in Section 10 of
6the Right to Privacy in the Workplace Act.
7(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.)
8 (Text of Section after amendment by P.A. 101-652)
9 Sec. 2.15. Arrest reports and criminal history records.
10 (a) Arrest reports. The following chronologically
11maintained arrest and criminal history information maintained
12by State or local criminal justice agencies shall be furnished
13as soon as practical, but in no event later than 72 hours after
14the arrest, notwithstanding the time limits otherwise provided
15for in Section 3 of this Act: (i) information that identifies
16the individual, including the name, age, address, and
17photograph, when and if available; (ii) information detailing
18any charges relating to the arrest; (iii) the time and
19location of the arrest; (iv) the name of the investigating or
20arresting law enforcement agency; (v) if the individual is
21incarcerated, the conditions of pretrial release; and (vi) if
22the individual is incarcerated, the time and date that the
23individual was received into, discharged from, or transferred
24from the arresting agency's custody.
25 (b) Criminal history records. The following documents

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1maintained by a public body pertaining to criminal history
2record information are public records subject to inspection
3and copying by the public pursuant to this Act: (i) court
4records that are public; (ii) records that are otherwise
5available under State or local law; and (iii) records in which
6the requesting party is the individual identified, except as
7provided under Section 7(1)(d)(vi).
8 (c) Information described in items (iii) through (vi) of
9subsection (a) may be withheld if it is determined that
10disclosure would: (i) interfere with pending or actually and
11reasonably contemplated law enforcement proceedings conducted
12by any law enforcement agency; (ii) endanger the life or
13physical safety of law enforcement or correctional personnel
14or any other person; or (iii) compromise the security of any
15correctional facility.
16 (d) The provisions of this Section do not supersede the
17confidentiality provisions for law enforcement or arrest
18records of the Juvenile Court Act of 1987.
19 (e) Notwithstanding the requirements of subsection (a), a
20law enforcement agency may not electronically provide or
21publish booking photographs, commonly known as "mugshots", on
22its social networking website in connection with civil
23offenses, petty offenses, business offenses, Class C
24misdemeanors, and Class B misdemeanors unless: (1) the booking
25photograph is posted to the social networking website to
26assist in the search for a missing person or to assist in the

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1search for a fugitive, person of interest, or individual
2wanted in relation to a crime other than a petty offense,
3business offense, Class C misdemeanor, or Class B misdemeanor;
4or (2) the person is convicted of a crime other than a petty
5offense, business offense, Class C misdemeanor, or Class B
6misdemeanor. As used in this subsection, "social networking
7website" has the meaning provided in Section 10 of the Right to
8Privacy in the Workplace Act. The prohibition against the
9production of booking photographs contained in this subsection
10does not apply to requests made by the news media, as defined
11in subsection (f) of Section 2.
12(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19;
13101-652, eff. 1-1-23.)
14 Section 10. The Consumer Fraud and Deceptive Business
15Practices Act is amended by changing Section 2QQQ as follows:
16 (815 ILCS 505/2QQQ)
17 Sec. 2QQQ. Criminal record information.
18 (a) It is an unlawful practice for any person engaged in
19publishing or otherwise disseminating criminal record
20information through a print or electronic medium to solicit or
21accept the payment of a fee or other consideration to remove,
22correct, or modify said criminal record information.
23 (b) For the purposes of this Section, "criminal record
24information" includes any and all of the following:

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1 (1) descriptions or notations of any arrests, any
2 formal criminal charges, and the disposition of those
3 criminal charges, including, but not limited to, any
4 information made available under Section 4a of the State
5 Records Act or Section 3b of the Local Records Act;
6 (2) photographs of the person taken pursuant to an
7 arrest or other involvement in the criminal justice
8 system; or
9 (3) personal identifying information, including a
10 person's name, address, date of birth, photograph, and
11 social security number or other government-issued
12 identification number.
13 (c) A person or entity that publishes or otherwise
14disseminates for profit a person's criminal record information
15on a publicly available Internet website or in any other
16publication or criminal history report that charges a fee for
17removal or correction of the information must correct any
18errors in the individual's criminal history information within
195 business days after notification of an error. Failure to
20correct an error in the individual's criminal record
21information constitutes an unlawful practice within the
22meaning of this Act.
23 (d) A person whose criminal record information is
24published for profit on a publicly available Internet website
25or in any other publication that charges a fee for removal or
26correction of the information may demand the publisher to

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1correct the information if the subject of the information, or
2his or her representative, sends a letter, via certified mail,
3to the publishing entity demanding the information be
4corrected and providing documentation of the correct
5information.
6 (e) Failure by a for-profit publishing entity that
7publishes on a publicly available Internet website or in any
8other publication or criminal history report that charges a
9fee for removal or correction of the information to correct
10the person's published criminal record information within 5
11business days after receipt of the notice, demand for
12correction, and the provision of correct information,
13constitutes an unlawful and deceptive practice within the
14meaning of this Act. In addition to any other remedy available
15under this Act, a person who has been injured by a violation of
16this Section is entitled to the damages of $100 per day, plus
17attorney's fees, for the publisher's failure to correct the
18criminal record information.
19 (e-5) It is an unlawful practice for a for-profit
20publishing entity that publishes on a publicly available
21Internet website or in any other publication that charges a
22fee for removal or correction of the information to fail to
23remove within 30 days, without the imposition of any fee, the
24criminal record information of a person who provides the
25entity with:
26 (1) a pardon from the Governor stating that the pardon

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1 is issued on the ground of innocence of the charges
2 relating to the criminal record information;
3 (2) a certificate of innocence, issued to the person
4 under Section 2-702 of the Code of Civil Procedure,
5 finding that the person is innocent of all charges
6 relating to the criminal record information;
7 (3) court records indicating that the person was found
8 not guilty or that the case ended without a finding of
9 guilt; or
10 (4) an order to expunge or seal the criminal record
11 information of the person.
12 In addition to any other remedy available under this Act,
13an entity that violates this subsection is subject to a civil
14penalty of $1,000 per day, plus attorney's fees. Any proceeds
15recovered under this subsection shall be deposited into the
16General Revenue Fund.
17 (f) This Section does not apply to a play, book, magazine,
18newspaper, musical, composition, visual work, work of art,
19audiovisual work, radio, motion picture, or television
20program, or a dramatic, literary, or musical work.
21 (g) This Section does not apply to a news medium or
22reporter as defined in Section 8-902 of the Code of Civil
23Procedure.
24 (h) This Section does not apply to the Illinois State
25Police.
26 (i) This Section does not apply to a consumer reporting

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1agency as defined under 15 U.S.C. 1681a(f).
2 (j) Nothing in this Section shall be construed to impose
3liability on an interactive computer service, as defined in 47
4U.S.C. 230(f)(2), for content provided by another person.
5(Source: P.A. 100-927, eff. 1-1-19; 101-431, eff. 1-1-20.)
6 Section 95. No acceleration or delay. Where this Act makes
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.
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