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

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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

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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
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AN ACT concerning arrest records.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 2.15 as follows:
(5 ILCS 140/2.15)
(Text of Section before amendment by P.A. 101-652)
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.

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(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.
(e) Notwithstanding the requirements of subsection (a), a
law enforcement agency may not publish booking photographs,
commonly known as "mugshots", on its social networking website
in connection with civil offenses, petty offenses, business
offenses, Class C misdemeanors, and Class B misdemeanors
unless the booking photograph is posted to the social
networking website to assist in the search for a missing

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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. As used in this subsection, "social
networking website" has the meaning provided in Section 10 of
the Right to Privacy in the Workplace Act.
(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.)
(Text of Section after amendment by P.A. 101-652)
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 conditions of pretrial release; 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

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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.
(e) Notwithstanding the requirements of subsection (a), a
law enforcement agency may not electronically provide or
publish booking photographs, commonly known as "mugshots", on
its social networking website in connection with civil
offenses, petty offenses, business offenses, Class C
misdemeanors, and Class B misdemeanors unless: (1) the booking
photograph is posted to the social networking website to
assist in the search for a missing person or to assist in the

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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. As used in this subsection, "social networking
website" has the meaning provided in Section 10 of the Right to
Privacy in the Workplace Act. The prohibition against the
production of booking photographs contained in this subsection
does not apply to requests made by the news media, as defined
in subsection (f) of Section 2.
(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19;
101-652, eff. 1-1-23.)
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:

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(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

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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.
(e-5) It is an unlawful practice for 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 fail to
remove within 30 days, without the imposition of any fee, the
criminal record information of a person who provides the
entity with:
(1) a pardon from the Governor stating that the pardon

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is issued on the ground of innocence of the charges
relating to the criminal record information;
(2) a certificate of innocence, issued to the person
under Section 2-702 of the Code of Civil Procedure,
finding that the person is innocent of all charges
relating to the criminal record information;
(3) court records indicating that the person was found
not guilty or that the case ended without a finding of
guilt; or
(4) an order to expunge or seal the criminal record
information of the person.
In addition to any other remedy available under this Act,
an entity that violates this subsection is subject to a civil
penalty of $1,000 per day, plus attorney's fees. Any proceeds
recovered under this subsection shall be deposited into the
General Revenue Fund.
(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

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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; 101-431, eff. 1-1-20.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.