HB 44 Illinois House · 101st Regular Session

PUBLISHING CRIMINAL RECORDS

Summary
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 social media 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 media website booking photographs relating to charges other than civil offenses, petty offenses, business offenses, Class C misdemeanors, and Class B misdemeanors. 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 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: 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.
Bill status in committee 1 of 4 stages cleared
Introduction
Dec 2018
Committee Review
Floor Vote
Governor
Introduced Dec 3, 2018 Last action Mar 29, 2019
Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
7
Key actions
1
Committee
4
Mar 29, 2019
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Feb 19, 2019
Lower · Passed
To Criminal Administration and Enforcement Subcommittee
lower
Jan 29, 2019
Committee
Assigned to Judiciary - Criminal Committee
lower
Jan 9, 2019
Committee
Referred to Rules Committee
lower
0 primary · 1 co-sponsor

Sponsors

No sponsor information available.