MUG SHOTS also known as Bookings Photographs.
Illinois General Assembly
http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=SB&DocNum=2560&GAID=14&SessionID=91&LegID=109468
Statutes Amended In Order of Appearance
815 ILCS 505/2QQQ
Synopsis As Introduced
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that persons engaged in the activity of publishing on a website or in print criminal record information must remove the information free of charge within 30 days after a request by the subject of the information. Sets forth qualifications under which a person who is subject to the criminal record information is eligible for the removal of the information. Provides that failure to comply with a request for removal constitutes an unlawful practice. (Current law prohibits the solicitation of payment to remove criminal record information.)
Senate Committee Amendment No. 1
Adds reference to:
5 ILCS 140/2.15
5 ILCS 160/4a
Replaces everything after the enacting clause. Amends the Freedom of Information Act. Provides that chronologically maintained arrest and criminal history information maintained by State or local criminal justice agencies shall be furnished no later than 72 hours after the indictment, information, or complaint (instead of within 72 hours of the arrest). Provides that booking photographs, commonly known as “mugshots”, shall not be made available on a law enforcement agency’s website or social media page unless the chief law enforcement officer of the agency deems that there is an imminent threat to public or personal safety and the publishing of the photograph would assist in addressing the imminent threat to public safety. Amends the State Records Act. Provides that certain arrest records and reports shall be made available after an individual is charged (rather than arrested). Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that any person who publishes for profit an individual’s criminal record information in print or via an electronic medium for profit shall correct any errors in the individual’s criminal history within 5 business days of notification of any error. Failure to correct any error in the individual’s criminal record constitutes an unlawful practice. Provides that any person whose criminal record is published for profit in print or via an electronic medium may demand the publishing entity to remove or correct the information if the subject of the information, or the representative of the subject, sends a letter via certified mail to the publishing entity demanding that the information be corrected and provides documentation of the correct information. Provides that failure by a publishing entity to correct the individual’s published criminal record information within 5 business days of receipt of the notice, demand for correction, and documentation of the correct information constitutes an unlawful practice. Provides that the petitioner is entitled to damages in the amount of $100 per day that the publisher fails to correct the criminal record information, plus attorney’s fees.
Senate Floor Amendment No. 4
Adds reference to:
5 ILCS 140/2.15
Replaces everything after the enacting clause. Amends the Freedom of Information Act. Limits the publishing of booking photographs with respect to civil offenses and offenses that are classified as less than a Class A misdemeanor. Amends the Consumer Fraud and Deceptive Business Practices Act. Requires a person or entity that publishes for profit an individual’s criminal record information to correct any errors within 5 business days after notification of an error. Exempts the Illinois State Police, news mediums or reporters, and consumer reporting agencies from the requirement. Provides remedies for individuals injured by a violation. Exempts interactive computer services from liability for content provided by others.
