Bill Text: IL SB1599 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act in relation to the dissemination of criminal record information. In provisions making it an unlawful practice for a person or entity that publishes for profit a person's criminal record information to fail to correct an error in the individual's criminal record information under specified circumstances, provides that those provisions also apply to other dissemination of the information and to publication in a criminal history report. Provides that nothing in the Act shall be construed to restrict or limit the ability of an aggrieved party to proceed through established federal or State remedies or other alternative methods of redress for similar offenses.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2019-08-20 - Public Act . . . . . . . . . 101-0431 [SB1599 Detail]

Download: Illinois-2019-SB1599-Chaptered.html



Public Act 101-0431
SB1599 EnrolledLRB101 10639 JLS 55745 b
AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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.
(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
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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