HB 3978 Illinois House · 102nd 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 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. 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.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2021
Committee Review
Floor Vote
Governor
Introduced Feb 24, 2021 Last action Jan 10, 2023
Floor votes

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Full legislative history

Actions timeline

Total actions
8
Key actions
0
Committee
4
Amendments
1
Jan 10, 2023
House · Failed
Session Sine Die
Mar 27, 2021
House · Referred to committee
Rule 19(a) / Re-referred to Rules Committee
Mar 25, 2021
House · Referred to committee
House Committee Amendment No. 1 Referred to Rules Committee
Mar 25, 2021
House · Amendment offered
House Committee Amendment No. 1 Filed with Clerk by Rep. La Shawn K. Ford
Mar 16, 2021
House · Referred to committee
Assigned to Judiciary - Criminal Committee
Mar 4, 2021
House · Referred to committee
Referred to Rules Committee
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of La Shawn Ford
La Shawn Ford
DDemocratic
IL
8